08/06/2026
Can you still dismiss someone during their first 6 months of employment?
Yes, you can. But...
If you recruit someone on or after 1 July 2026, the rules of the game change on 1 January 2027.
From that date, you won't be able to dismiss them informally and hope for the best.
The unfair dismissal qualifying period is dropping from 2 years to 6 months. That changes the game for how you manage new starters.
You used to have a long runway to figure out whether someone was working out. If it wasn't right, you could manage the exit with a quiet conversation and relatively low risk.
Not anymore.
Here's what you need to focus on now 👇
📋 You can still dismiss for fair reasons:
Like performance, conduct and capability. What's changed is that you need to evidence a fair process, even during probation.
📝 Document everything from day 1:
Raise concerns early and in writing. Record probation reviews. Send follow-up summaries. If it isn't written down, it didn't happen.
🔄 Structure your probation properly:
This includes regular check-ins, clear expectations and specific feedback. A 6-month probation with no structure is riskier than a 3-month one that's well documented.
⏰ Don't wait to act on problems:
Under the old rules, you could afford to let things drift. Now, delays in addressing performance create unnecessary exposure.
🤝 Train your managers:
Most issues we see start with a well-intentioned manager who avoided a difficult conversation. Make sure that anyone managing people knows what fair process looks like under the new rules.
And on probation length: nobody in the profession has landed on a single answer yet. Don't get fixated on the number. Focus on making whatever period you choose count.
If you're unsure whether your probation and dismissal processes are ready for 1 July, drop us a message and we can talk it through.