15/07/2026
Health and social care has been identified as a sector highly susceptible to further Fair Work Agency attention and it's easy to see why.
Volunteers. Casual and bank staff. Part-time workers with irregular hours. Locums and freelance support workers.
All of it is completely normal in how care is delivered and all of it sits squarely in the risk profile the FWA is watching most closely.
Here's the part that matters right now, this month: the unfair dismissal qualifying period drops from 2 years to 6 months in January 2027. Anyone you employ from 1 July 2026 onward will have full unfair dismissal rights by the time that change takes effect.
Which means the six months starting now is what decides whether you're protected in January not the six months after.
Three things I'd tell every health and social care employer to do from today:
✅ Set clear, written objectives at the start of every probation and know exactly what "successful" looks like.
✅ Hold real 1-2-1s that cover those objectives, not just a welfare check-in.
✅ Formal review points at month 3 and month 6, before the probation ends, not after.
I went into this in more depth, plus the April changes still catching people out (sexual harassment liability now extends to patients, service users and volunteers, not just staff) and what's likely coming in October on The DDA Podcast with Ailsa Colquhoun.
We've also put together a free Unfair Dismissal compliance pack that includes a checklist, Fair Work Agency operator brief, probationary period templates, and two short training videos.
🎧 Listen: https://buff.ly/1SIICWr
📋 Free pack: link in comments
The DDA Podcast · Episode