The six-month rule in brief
- The qualifying period for ordinary unfair dismissal falls from two years to six months for dismissals with an effective date of termination on or after 1 January 202712. It isn't limited to new hires.
- On the same date the cap on the compensatory award is removed1.
- Probation is contractual. There's no legal requirement to have one, and day-one rights apply during it3.
- Some claims never needed any service: dismissal for whistleblowing, pregnancy or family leave, health and safety reasons, trade union activity or asserting a statutory right, and any discrimination claim. The dates below don't protect against those.
Work out the dates for your hire
The method: the six-month anniversary is the same date six months after the start (if that date doesn't exist, use the last day of the month). Employment ending on or after the day before the anniversary qualifies. So the last end date is the day before that, and notice has to be given (and received) by that end date less your notice period. Book the decision review four weeks earlier.
| Start date | Qualifies if employment ends on or after | Last end date before six months | Give notice by (1 week) | Decision review by |
|---|---|---|---|---|
| 22 July 2026 | 21 January 2027 | 20 January 2027 | 13 January 2027 | 16 December 2026 |
| 1 September 2026 | 28 February 2027 | 27 February 2027 | 20 February 2027 | 23 January 2027 |
| 1 October 2026 | 31 March 2027 | 30 March 2027 | 23 March 2027 | 23 February 2027 |
| 2 November 2026 | 1 May 2027 | 30 April 2027 | 23 April 2027 | 26 March 2027 |
| 4 January 2027 | 3 July 2027 | 2 July 2027 | 25 June 2027 | 28 May 2027 |
These are the last possible dates, not targets. Notice by letter or email generally takes effect when the employee receives it and has a reasonable chance to read it, so build in a margin and hand notice over in person, confirmed in writing.
How notice moves the date
Statutory minimum notice is one week once someone has worked a month4. If the contract gives more and the notice is worked, the decision has to come earlier. For a start on 1 October 2026:
| Notice in the contract | Give notice by |
|---|---|
| One week (statutory minimum) | 23 March 2027 |
| Two weeks | 16 March 2027 |
| One month | 28 February 2027 |
| Three months | 30 December 2026 |
Pay in lieu doesn't save the week. If you end employment without giving at least the statutory minimum notice, the law treats employment as ending when that statutory notice would have expired, for counting qualifying service5. A short notice period during probation, written expressly into the contract, keeps both the cost and the timetable manageable.
The review timeline
| When | What to do |
|---|---|
| Week 1 | Set out in writing what good looks like: objectives for the first three months, standards, who they report to. |
| Week 4 | First review, mostly induction and support. If something is off, say so plainly and write it down. |
| Week 8 | Confirm what's going well, name what isn't, agree what changes by next time. Send a summary the same day. |
| Week 12 | The review that matters most. Real doubts? Start a support plan with specific improvements and a deadline. |
| Week 18 | Review against the plan: concerns met (say so and close them) or not (you have a documented history). |
| Decision review | Four weeks before the give-notice-by date: confirm in writing, extend if the contract allows, or act with a fair process behind you. |
Most of the value has nothing to do with dismissal: structured early reviews are the most reliable way to make a hire productive quickly. If the person is doing well, this collapses into four short conversations and a confirmation letter.
Free probation review template
One sheet per review. Complete it during or straight after the meeting, send the employee a copy the same day and invite them to correct anything they disagree with. Signing shows they received it, not that they agree.
Probation review record Employee name: [name] Review: week [4 / 8 / 12 / 18 / other] Date of meeting: [date] Present: [names] 1. What is going well [specific examples] 2. Specific concerns, with examples and dates [for example: "Three of the last five client reports had errors in the figures (12, 19 and 26 March)."] 3. What good looks like instead (so you can both tell when it's met) [the standard, described so it can be checked] 4. Support offered, and by when [training, supervision, a clearer handover, time with a named colleague] Employee's comments [their words] Date of next review: [date] Summary sent on: [date] Weeks left before the give-notice-by date: [number] Probation ends: [date] Manager: [signature] Employee (receipt, not agreement): [signature]
The New Starter Pack's key dates planner (Form 1) does this calculation on paper on day one and books the review schedule, next to this review sheet and the outcome letters.
Probation clauses that hold up
- The length, with a right to extend once, for a stated period. Extend only if the contract allows it or the employee agrees in writing, and do it before the original period ends.
- A shorter notice period during probation, for example one week, stated expressly. Otherwise the full contractual notice applies.
- What's assessed: performance, conduct, attendance and suitability, not just "satisfactory completion".
- Fit probation inside the six months: four months with a possible one-month extension keeps the whole process inside about five. Extending probation doesn't move the six-month point.
Before ending employment in probation
- Will employment end before the qualifying day, counting the full notice (or the statutory week if you pay in lieu)?
- Have the concerns already been raised with them in writing?
- Does anything suggest the real reason is health, pregnancy, family leave, a protected characteristic, whistleblowing or a complaint they made? If so, take advice.
- Have you invited them to a meeting in writing, said it could end in dismissal, and offered the right to be accompanied? Any worker can bring a colleague or union representative to a disciplinary hearing, whatever their length of service.
- For conduct or capability, follow a proportionate version of the Acas Code6. A tribunal can raise an award by up to 25% for an unreasonable failure to follow it, including in discrimination claims, which need no service.