Unfair dismissal reform: the death of “we’ll see how they get on”

Everyone’s talking about unfair dismissal reform, with headlines focused on qualifying periods, compensation and tribunal risk. But in my view, the most significant change is cultural, rather than legal.

With the qualifying period for ordinary unfair dismissal due to reduce from two years to six months, employers will have a much shorter timeframe to identify and address performance concerns.

The reforms expose a management habit that many organisations have relied on for years: hiring someone, spotting a few concerns, and then waiting to see how things develop before taking action.

Most HR professionals will recognise the scenario.

A new employee joins. The manager has a few reservations, but nothing feels serious enough to address immediately. Feedback is mentioned informally. Review meetings slip. Concerns stay in someone’s head rather than being documented. And then, towards the end of probation, a decision is made.

“They’re just not the right fit.”

For a long time, many employers could get away with that approach. As unfair dismissal protections move closer to the start of employment, they may find they no longer can.

The problem with “we’ll see how they get on”

One of the biggest misconceptions I encounter is that unfair dismissal reform creates new risk for employers. In reality, much of the risk already exists.

What is changing is the amount of time organisations have to identify issues, address them and make informed decisions.

The challenge isn’t that managers suddenly need to become employment lawyers. It’s that they need to become better managers.

Too often, concerns are raised late because nobody has translated a feeling into a conversation. A manager might feel an employee isn’t performing as expected. They may feel they’re not demonstrating the right behaviours. They may even feel they’re not the right fit for the team.

But “fit” is the conclusion, not the evidence. Is the employee missing deadlines? Struggling to collaborate with colleagues? Failing to follow agreed processes? Not meeting customer service standards?

Until those concerns are identified, communicated and documented, they remain assumptions rather than management observations. And assumptions are difficult to defend.

Why expectations matter more than ever

One lesson I’ve learnt over the years is that many performance issues often start with unclear expectations as opposed to poor performance.

Managers often assume new starters understand what good looks like. But unless those standards have been discussed, agreed and reinforced, that’s a risky assumption.

From day one, employees should understand:

• What’s expected of them
• What success looks like
• How performance will be measured
• What support is available

That sounds obvious, but it’s surprisingly easy for organisations to focus on systems, equipment and processes while overlooking the conversation that matters most.

The best onboarding experiences explain both how the organisation works and what’s expected from the individual. When expectations are clear from the outset, performance conversations become far simpler because everyone is working from the same reference point.

“Not the right fit” is no longer enough

I’ve lost count of the number of times I’ve heard managers describe a probation concern as a “fit” issue. Usually, they’re not being deliberately vague. In fact, they’re often trying to avoid sounding overly critical.

The problem is that “fit” can mean almost anything. It can mean communication style. It can mean attitude. It can mean customer interaction. It can mean adaptability, teamwork or initiative.

As managers, we have to move beyond labels and identify the specific behaviour we’re seeing.

I often encourage managers to ask themselves a few basic questions:

• What specifically isn’t working?
• How is it affecting the team, customers or business?
• Has the concern been explained to the employee?
• Have they been given an opportunity to improve?

If those questions can’t be answered clearly, there’s usually more work to do.

Professional conversations can feel uncomfortable, particularly when performance concerns are emerging early in someone’s employment. But avoiding those conversations rarely makes things better. It simply delays the point at which they become unavoidable.

The organisations that will adapt fastest

The employers that navigate these reforms successfully won’t necessarily be the organisations with the most sophisticated policies. They’ll be the organisations that create management discipline.

That means managers who:

• Hold regular check-ins
• Address concerns early
• Document conversations
• Set clear expectations
• Escalate issues when support is needed

Most importantly, they’ll treat probation as an active process rather than a countdown timer.

Too many organisations leave key decisions until month five or six. By that point, options become limited, timelines become compressed and pressure starts to build.

The strongest organisations make decisions much earlier because they already have the information they need. They’re not relying on gut feel; they’re relying on evidence.

A chance to improve, not something to fear

It’s easy to view unfair dismissal reform purely through the lens of risk.

I think that’s a mistake.

Used properly, these changes create an opportunity for organisations to raise management standards, improve onboarding and build greater consistency into how they support employees. After all, most people want the same thing: clear expectations, honest feedback and a fair opportunity to succeed.

The employers that provide those things were always in a stronger position. The difference now is that informal management practices are becoming harder to justify.

The “we’ll see how they get on” approach was never really a strategy. It was simply a luxury afforded by time.

As that time disappears, the organisations that thrive won’t be the ones that know employment law inside out. They’ll be the ones that build confident managers, have better conversations sooner and create an environment where expectations, feedback and accountability are part of everyday working life.

Want to learn more about what the reforms could mean for your organisation?

Watch my recent webinar on the upcoming unfair dismissal reforms, where I explore the changes in more detail and discuss the practical steps employers can take now.