From January 2027, the qualifying period for unfair dismissal claims drops from two years to six months. It’s one of the biggest single changes under the Employment Rights Act 2025, and for schools and trusts it lands right in the middle of the September recruitment cycle.
That timing matters. Staff who join this September will already have crossed the new six-month threshold well before the legislation officially takes effect. Here’s what schools and trusts need to know, and what to put in place before the summer holidays arrive.
What’s actually changing
From January 2027, employees will be able to claim unfair dismissal after six months’ continuous service rather than two years. The Act also removes the statutory cap on compensatory awards, so tribunals could award compensation up to the full value of an employee’s lost earnings.
Evidence becomes critical under the new rules. Employers will need to demonstrate that the reason for dismissal was fair and that a fair process was followed throughout.
ACTION: Start reviewing which of your current staff are approaching the new six-month threshold, rather than waiting for January to arrive.
The practical impact starts before January
The legislation comes into force in January 2027, but its effect on your workforce starts much sooner than that. Any member of staff who has already built up service by that date could find themselves newly protected the moment the law changes.
Here’s an example.
If someone joins your school on 1 January 2026, they’ll have a year’s service by 1 January 2027. Under the current two-year rule, they wouldn’t qualify for ordinary unfair dismissal protection until January 2028. Under the new rule, they’ll already be well past the six month threshold the day the law takes effect.
Many employees already working in schools and trusts will benefit from the new protections the moment January arrives. It’s worth reviewing now who that applies to, and whether your probation processes, documentation and performance management are robust enough to support it.
ACTION: Map your current staff against their start dates and work out who crosses the six-month line before, or shortly after, January 2027.
Can schools still dismiss staff after six months?
Yes, but strong documentation and clear communication become far more important. From January, schools and trusts will need to show:
- A fair reason for the dismissal
- A fair and reasonable process was followed before the dismissal
- A reasonable investigation, where appropriate
- Clear evidence supporting the decision
Documentation has always mattered during probation, but it has now become essential evidence if you dismiss someone after six months. It’s worth bringing final reviews forward to the five month mark, so there’s time to properly formalise the decision before the window closes.
A lack of evidence is one of the areas where schools most commonly fall down. Regular documentation and clearly set expectations will strengthen your position considerably if a dismissal is ever challenged.
ACTION: Move your final probation review to the five-month mark, not the six-month mark, to give yourself room to act on the outcome.
Reviewing your probation policies
If you’re planning to make significant changes to your probation arrangements, that may count as a policy change, which brings its own obligations. Depending on your setup, this could mean:
- Consultation with recognised trade unions, where applicable
- Engagement with employees or representative groups
It’s best practice to bring employees along with you through any transition. Clear expectations and clear communication reduce the risk of grievances further down the line.
It’s also worth noting that employees can now raise an unfair dismissal claim during probation itself, provided they’ve completed six months’ continuous service after January 2027. Being in a probationary period will no longer offer the protection some employers assume it does.
ACTION: Check whether your planned changes to probation count as a policy change, and build consultation time into your timeline if so.
What this means for academies and trusts
Probation is handled differently across the education sector, and this is a particular risk area for teaching staff.
Probation arrangements for teachers aren’t always applied as consistently as they are for support staff, and some academies don’t currently run a formal probation process for teachers at all. Given the reduced qualifying period, trusts should now be considering a structured probation framework wherever one doesn’t already exist.
A clearly defined process helps trusts assess suitability, capability and conduct early, provide the right support, make evidence based decisions, and reduce legal and employee relations risk.
ACTION: If your trust doesn’t currently run a formal probation process for teaching staff, this is the point to introduce one.
What schools and trusts should do now
There’s still time before January 2027, but the sooner probation becomes a genuine point of review rather than a formality, the better protected you’ll be.
- Start reviewing your probation policies and procedures now
- Identify which employees may be affected by the transition
- Document everything, and share notes on meetings and outcomes with the employee
- Build additional review meetings into the first six months
- Address concerns early rather than waiting for probation to nearly end
- Check contractual notice provisions and make sure managers understand them
- Give managers additional training to handle probation with confidence
Employment law rarely gives schools and trusts much notice. This time, the notice is there, but the September intake means the clock is already running. Getting probation processes right now will save a great deal of difficulty later.
