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From 1 January 2027
From 1 January 2027 the qualifying period is six months, not two years, and compensatory awards are not capped. Your probation terms and your disciplinary procedure are worth reading again.
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For dismissals before 1 January 2027, the qualifying period is generally two years.
Employment Rights Act 1996, s.108For dismissals from 1 January 2027, the qualifying period is six months and compensatory awards are no longer capped.
Government timeline for the Employment Rights Act 2025What counts is the date employment ends: someone dismissed before 1 January 2027 is covered if their effective date of termination falls on or after it.
SI 2026/559, regulation 4Give every employee and worker a written statement of their particulars no later than the day they start. It must be one document, apart from the items the law lets you give separately.
Employment Rights Act 1996 ss.1-2Follow the basic fairness of the Acas Code: establish the facts, tell the employee in writing, hold a meeting, allow a companion, decide in writing and allow an appeal. A tribunal takes the Code into account and can adjust an award by up to 25 per cent.
Acas Code of Practice on disciplinary and grievance procedures, 11 March 2015Before you buy
We do not advise on a dismissal, or say how long your probation should be. For a particular case, speak to an adviser or to Acas, which runs a free helpline.
There is no adviser to phone, and no lawyer reviews your documents.
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