From two years to six months: hiring and probation just got tighter

By Jason Sibley

If you employ people in Great Britain, one date matters for hiring and probation. I'm not a lawyer, and this isn't legal advice. For advice on your situation, talk to Acas or an employment adviser.

What changes on 1 January 2027

Here's what the sources say, as fetched on 15 October 2026.

• GOV.UK says the qualifying period for an unfair dismissal claim is usually two years now. From 1 January 2027, most employees will be able to claim after six months.
• GOV.UK also says Northern Ireland is still usually one year. Some claims, those involving "automatically unfair" reasons, have no qualifying period at all.
• Acas says the limit on compensation for unfair dismissal will be removed from the same date. It also notes the government changed its original plan of day-one protection to a six-month qualifying period.
• SI 2026/559 brings these changes into force on 1 January 2027, with transitional provisions based on the effective date of termination. If someone's employment might end around that date, ask Acas or your adviser how it applies.

Separately, Acas says tribunal claim time limits rose to six months from 1 October 2026. I covered that in day-one sick pay and tribunal time limits.

What it means for a small employer

The first six months now carry much more weight.

I read this as a reason to hire carefully and manage fairly from the first week. There's no need to rush people out of the door. A right to claim isn't the same as a claim succeeding, and I can't tell you how any case would go. A new starter who knows what the job is, how they're doing and what happens next is better off. So is the employer.

Three habits help:

• A job description that matches the job you need doing.
• Interview notes that show every candidate got a fair go.
• Short written check-ins in the early months, so nobody is surprised.

AI can help with the paperwork. It can't make the judgement calls.

Better job specs

Most vague job descriptions start from an old template. Jot down what the person will do, then ask AI to turn your notes into a clear draft.

Don't let it fill gaps. If it invents duties, pay or contract terms, you'll have promised something you never meant to.

I'm a small business owner in the UK. Below are my own rough notes about a role I want to fill. Please turn them into a clear one-page job specification in British English.

Rules:

• Use only what is in my notes. Do not invent duties, pay, hours, benefits, qualifications or contract terms.
• Where something is missing, write [OWNER TO FILL IN] so I can complete it.
• Do not add legal wording or claims about employment rights.
• Split the content into: purpose of the role, main tasks, skills needed, and skills that are nice to have.
• Finish with a short list of questions I should answer before advertising.

My notes: [paste your notes here]

Check the draft against your notes and delete anything you didn't say. Have your adviser check the contract terms.

Interview notes and fair scoring

Fair interviewing depends largely on consistency:

• Ask each candidate the same core questions.
• Score each answer against the job spec, not against a feeling.
• Write notes during or straight after the interview.

AI can turn handwritten notes into a clear summary for each candidate. It shouldn't rank people or decide who gets hired. If you screen applications with AI, read our guide to fair AI recruitment screening first. Ask your adviser how long to keep interview notes.

Probation reviews at 30, 60 and 90 days

I'd suggest reviews at 30, 60 and 90 days. This isn't a legal requirement and doesn't replace anything your adviser or Acas tells you. After 90 days, continue regular check-ins up to and beyond the six-month point.

Keep each review short, written and factual:

• [ ] Agree the date and tell the employee beforehand.
• [ ] Go back to the job spec and the tasks agreed at the start.
• [ ] Note specific examples, with dates, of what's going well.
• [ ] Note specific examples of anything that needs to improve.
• [ ] Agree what support or training the person will get.
• [ ] Agree what you'll both look at next time.
• [ ] Give the employee a copy and keep one on file.

AI can tidy your rough notes into a plain summary. Try this:

Below are my rough notes from a probation check-in with a new employee at my small UK business. Please tidy them into a short, neutral, factual summary in British English.

Rules:

• Use only what is in my notes. Do not invent examples, dates, performance ratings, quotes or outcomes.
• Keep the tone factual and fair. No opinions about the person's character.
• Where my notes are vague or something seems to be missing, write [OWNER TO CHECK] rather than guessing.
• Use these headings: what we discussed, what is going well, what needs to improve, support agreed, next review date.

My notes: [paste your notes here]

Check the summary line by line before sharing it with the employee. You judge how the person is doing.

Where AI shouldn't go

AI shouldn't decide anything about someone's dismissal. It shouldn't recommend dismissal, score someone's "risk" or draft a decision you then rubber-stamp. These decisions affect a person's livelihood and have legal consequences. They need a human who knows the facts.

If a probation isn't going well, speak to Acas or an employment adviser before you act. Seek advice early, before the problem grows.

Be careful what personal details you paste into an AI tool. Our simple AI policy for small teams is a good starting point for deciding what goes in and what stays out.

If it's useful

At My AI Apprentice we run AI sessions for small businesses, including practical ones on drafting job specs and tidying review notes from your own material. No pressure either way.