Why Getting Hiring and Probation Right Matters More Than Ever in 2026

Hiring your first employee or expanding your team is a major step. From July 2026, it also comes with increased legal risk.

Under upcoming changes, employees will only need 6 months service to bring an unfair dismissal claim. This significantly reduces the window employers have to manage performance or suitability concerns.

What this means for employers

You can no longer rely on long service periods to manage risk. Your recruitment and probation processes must be robust from day one.

Key areas to focus on

Clear and accurate job descriptions to ensure the right hire
Structured and fair interview processes
Issuing legally compliant contracts before employment starts
Well defined probation periods with documented review points
Early action where concerns arise

Common risks

Informal or inconsistent probation reviews
Delaying difficult conversations
Lack of documentation if issues arise

A well managed probation period is now one of your most important risk management tools.

If your current processes are not structured, documented and consistently applied, your business could be exposed.

Now is the time to review and strengthen your approach.