The Employment Rights Act 2025 (ERA) is set to shake up UK employment law in a big way. And one change in particular is about to put managers under the spotlight. From 1 January 2027, employees will gain unfair dismissal protection after just six months – a dramatic drop from the current two-year threshold.
According to Rena Christou, CEO of Empowering People Group, “This is a huge change that means employees hired in 2026 will gain unfair dismissal protection a year sooner than they would have today, fundamentally changing how managers handle the critical early moments of employment.”
For L&D teams, this isn’t just another policy update. It’s a manager capability wake-up call. Research from employee relations specialists at AdviserPlus highlights a worrying gap:
- 85% of HR leaders know the change is coming
- Only 17% have carried out an impact assessment
- Manager capability is the number one concern
In short – if your managers can’t quickly and confidently assess performance, your organisation could see tribunal risk climb sharply.
Probation is no longer a tick-box exercise
For years, some managers have treated probation like an admin task – set it, forget it, and review later. With a two-year safety net, there was plenty of time for reflection – and, sometimes, procrastination. Not anymore.
From 2027, managers will have just six months to assess performance, support development, and make fair decisions. And the operational impact could be huge. Data from AdviserPlus suggests:
- Probation-related tasks could increase by up to 230%
- Organisations may need 13% more ER advisory resource
- That’s roughly one extra ER professional for every eight already in place
At a time when HR teams are already stretched, simply adding more admin isn’t the answer. Rena also warns that shorter qualifying periods could affect hiring confidence: “Reducing unfair dismissal protection during a period of economic volatility could also have a knock-on impact on recruitment confidence, making employers more hesitant to hire less experienced talent. ‘Stagnation by regulation’ is a significant risk for the employment market and it will be hugely detrimental to the UK economy.”
So, what’s the solution? Better-equipped managers.
Five ways L&D leaders can step up
1. Train for ‘culture add’, not just culture fit
‘Culture fit’ can sometimes be code for unconscious bias. Instead, help managers to recruit for culture add – bringing new perspectives, skills and thinking into the organisation.
Digital learning pathways on inclusive interviewing, objective assessment, and recognising neurodivergent strengths can help managers make better decisions from day one.
2. Build capability fast – the six-month sprint
Many managers are promoted for their technical expertise rather than their people skills. But with a six-month window, they’ll need to confidently:
- Track performance
- Give clear feedback
- Handle difficult conversations
- Make fair decisions quickly
Short, targeted eLearning on performance management and tough conversations can give managers the confidence to act early – not wait until it’s too late.
Rena adds, “Ongoing development should be part of every manager’s practice. Accessible tools, coaching and practical resources help managers handle difficult conversations confidently. They need to know that failing to follow fair processes – especially around performance or conduct – can lead to tribunals. So, in this new legislative era, the most vital shift is for managers to understand how to properly utilise probation periods to assess the fit of a new hire.”
3. Let the data guide your learning
Where do probation issues happen most often? Use ER case data to identify hotspots – teams or departments where probation failures are common.
Then, deploy targeted, just-in-time learning for those managers when they need it most.
4. Turn documentation into a habit
Surprisingly, 77% of organisations still track ER cases using spreadsheets. That creates serious risks when it comes to audit trails and compliance.
Managers need training not just on what to document – but why it matters. Simulated tribunal scenarios can be a powerful way to show the real-world cost of missing evidence.
5. Scale support through self-service learning
If probation activity triples, HR and L&D can’t be everywhere. Instead, give managers support in the flow of work:
- On-demand videos
- Quick checklists
- Practical guides
- Bite-sized learning modules
Think of it as a ‘probation playbook’ that managers can access whenever they need it.
Future-proofing your leadership
The Employment Rights Act 2025 isn’t just a compliance change. It’s a catalyst for better management practice. Organisations that ignore the shift may find themselves firefighting in 2027 – potentially even defending tribunal cases.
Those that act now will build something far more valuable – confident managers, stronger hiring decisions, and better employee experiences.
As Rena puts it, “HR leaders that seize this moment to transform their operating model, combining technology, external expertise to empower managers, values-driven hiring, and proactive performance management processes, will be best placed to reduce legal risk, enhance employee experiences and position themselves as employers of choice in the new landscape.”
The big question – are your managers ready for the six-month deadline?
Explore our Managing Probation Periods eLearning course and give your managers the skills they need to get probation right – from day one.