Unfair dismissal after six months, not two years: what changes on 1 January 2027 for a dental practice, with start dates worked through

A dental nurse is three months into a six-month probation and the practice manager is not sure she is the right fit. Under the old rule that was a conversation about a probation review, because ordinary unfair dismissal needed two years' service. For dismissals from 1 January 2027 the service needed drops to six months. The dates matter, so it helps to work them out for each person on the team before the new year.

What GOV.UK says changes

Business.gov.uk, in its guidance for employers (last updated 30 July 2026), says that from 1 January 2027 the qualifying period for "ordinary" unfair dismissal is reduced from 2 years to 6 months. The right to ask for written reasons for dismissal also falls to six months. GOV.UK's timeline update (updated 25 September 2026) lists the same change under measures that take effect in January 2027, together with the removal of the cap on compensatory awards.

Three points from those pages shape the practice's planning:

• The test is the date the employment ends. For dismissals with an effective date of termination before 1 January 2027, the current two-year period still applies.
• Day-one protections do not move. Protection against discrimination and against automatically unfair dismissal grounds applies from the first day, before and after the change.
• Notice is unchanged. Business.gov.uk says notice periods stay as they are, so statutory and contractual notice both still count.

The guidance also tells employers to review contractual probation periods in the light of the six-month period, and to take independent advice when updating employment policies.

When each person gains protection: worked dates

Take four people in a practice. The "six months" column is the date they reach six months' service; for anyone who already has more, protection starts on 1 January 2027 itself.

The working for the first row: 2 March 2026 plus six months is 2 September 2026, which is before 1 January 2027, so the earlier date wins and she is protected on the first day of the new rule. The old two-year date is 2 March 2028. From 1 January 2027 to 2 March 2028 is 426 days. The other two rows are start date plus six months, against start date plus two years.

So the new rule brings the date forward by between about 14 and 18 months for anyone who joins in the second half of 2026.

The probation point

A three-month probation was always short next to a two-year wait, and a six-month probation sat comfortably inside it. Now the picture changes:

• Three-month probation: it ends three months before protection begins. A concern raised at month four still needs a fair reason and a fair process from month six.
• Six-month probation: it ends the day protection begins. A decision to confirm or extend should be made, and written down, before the six months are up, not at the end.
• Extended probation: extending to nine or twelve months does not delay the legal protection. It only means the practice has promised a review, not that dismissal is outside the rule.

Dismissal for a legitimate reason such as poor performance or conduct remains possible, as the guidance says, if the decision is fair and follows a suitable process. Having the notes of supervision, the induction record and any warnings in one place is what makes it so.

Fixed-term and trainee contracts

Business.gov.uk says that not renewing a fixed-term contract on expiry still counts as a dismissal, and that for employees with at least six months' service the non-renewal must be fair. That reaches trainee posts too. Our guide to the 12-month trainee dental nurse rule explains the training clock; a trainee on a twelve-month contract will now cross the six-month point halfway through it.

What to do before 1 January 2027

1. List everyone with their start date and work out the date they reach six months, as in the table.
2. Mark anyone currently in probation or on a fixed-term contract that ends after 1 January 2027.
3. Decide probation lengths and reviews for new starters, and write the review dates in the diary at the point of hiring.
4. Check contracts, the staff handbook and notice periods; take advice before changing wording.
5. Keep supervision and appraisal notes dated and signed.

The front desk readiness check shows which of these records the practice already keeps, and the sick pay guide covers another date-driven staffing cost.

Overlyft builds AI staff who join the practice team and keep the people calendar in order: they work out each new starter's six-month date, remind the practice manager to hold the probation review before it, and draft the review note for the manager to check, so the practice is ready for the new rule.

This is general information, not employment advice. Check GOV.UK and take advice on any particular dismissal.