The Unfair Dismissal Clock Is Already Ticking
The unfair dismissal clock is ticking — and it started the day you hired them.
Here's what catches most small business owners off guard about the Employment Rights Act:
The new unfair dismissal protections (dropping the qualifying period from 2 years to 6 months) will apply to people you've ALREADY employed. Not just future hires. Your current team too.
Why does this matter?
Because the probation periods, performance management, and documentation you have in place right now probably aren't robust enough to withstand an unfair dismissal claim at 6 months.
Let's be honest — most small businesses I work with have either:
❌ No probation process at all
❌ A probation that's just a date in the diary with no structure
❌ Performance conversations that happen verbally with nothing written down
That worked fine when you had a 2-year buffer. It won't work with a 6-month one.
What you need now:
✅ A proper probation process (that you actually use)
✅ Regular feedback — documented
✅ Clear performance expectations from day one
✅ A paper trail that shows fairness, not just frustration
The goal isn't to become paranoid or bureaucratic. It's to protect your business while still being a great place to work.
You can absolutely do both. But you do need to act now.
