It’s time to re-think your probation length
As of January 2027, the length of service required to claim unfair dismissal is reducing from 2 years to just 6 months. So, if your probationary period is currently 6 months, at the end of this period they’ll already have full rights to claim.
Probationary periods are key to allow time to decide if an individual is right for the role. Mint HR now recommends a 3 month probation with clear objectives confirmed from the outset alongside training, monitored support and regular check-ins provided throughout. Concerns then can be addressed in good time. At the end of the three months, you can then safely extend probation if necessary (by one or two months) without the risk of crossing the six month milestone.
We also recommend you review your notice periods for the same reason as the 6 months is minus any notice period.
The change, which is part of the Employment Rights Act 2025, means anyone you’ve hired with a 6 month probation since July 2026 will already have full unfair dismissal rights at the end of their probation.
Don’t forget, probation extensions and completions must always be confirmed in writing, too.
All of this was covered in our recent webinar for clients who were also sent an updated guide to managing probations earlier this summer.
Any clients who want this re-sending or if you would like advice or to enquire about Mint’s performance management training for line managers, please click ‘Contact Mint HR’ below,
Also as of 1st January 2027:
- The existing cap on the compensatory award that a tribunal can award in unfair dismissal cases (currently the lower of 52 weeks’ pay or £123,543) will be removed
- The right to request written reasons for dismissal will be reduced from 2 years to 6 months
…and time to re-think your fixed term contracts, too!
As of 1st January 2027 when the qualifying period for unfair dismissal reduces to 6 months service, employees hired under fixed term contracts (FTCs) for 6 months or more will also be able to bring claims if they think their dismissal was handled badly.
So, ensure you are clear as to why you are hiring them for a fixed term rather than permanent, have a sound reason for dismissing them and follow full procedures. If you allow a FTC contract to end without talking to the employee about it, you are unlikely to prove you acted fairly.
Fair reasons for dismissal either during or at the end of a FTC include capability, conduct, redundancy, breach of a statutory duty or restriction but normally it will be ‘some other substantial reason (SOSR).
Examples of SOSRs include end of cover for maternity/parental leave or sick leave and completion of a specific project.
All for one…
As of 30th October 2026, there’s an important one word addition of ‘all’ to the prevention of sexual harassment in the workplace.
Businesses are now liable for the harassment of their employees by colleagues, managers and third parties (including clients, customers and members of the supply chain) where they fail to take “all reasonable steps” and no longer just ‘reasonable steps’ to prevent this.
This actually relates to all forms of unlawful harassment related to protected characteristics and not solely sexual harassment.
What should you do?
- Update handbooks/policies – Mint clients, we’re on it
- Carry out risk assessments for the workplace and any offsite events including your upcoming Christmas party – Mint can help
- Training for managers – Mint can deliver this
- Ensure everyone is aware – if you have volunteers/associates, make sure those terms are updated
Tribunal claim timeframe doubles
As of 1st October 2026, the right for an employee to bring a tribunal claim against your business has increased from 3 to 6 months.
That means more time for a person to consider raising a claim and stresses the importance of having an employee handbook with up to date policies and following those procedures correctly.
Tribunals are stressful, expensive, may damage your reputation and can hang over you for years. Mint is aware of tribunal cases being set dates as late as 2029 with the highest number of cases open since records began (+70,000) – so don’t take risks and don’t take short-cuts.
If you do have a people-related issue brewing, contact Mint asap.
UK Right To Work check requirements widen
As of 1st October 2026, business responsibility for right to work (RTW) checks has widened beyond direct employees to also include UK-based supply chains, contractors and subcontractors (only where they can substitute).
Mint’s advice is to map all worker categories and check responsibility and also have a clause to your associate agreement.
Agencies are still responsible for RTW checks, but employers should verify that the individual supplied is the person attending work.
Always use a Government approved Digital Verification Service Provider (DVSP) like TrustID as used by Mint HR. We can carry out ad hoc online checks on your behalf.
Alternatively, for face-to-face checks, do ensure you capture the right information – a signed and dated photocopy of a passport is not sufficient. Mint can supply you with a form to use.
Recently-expired UK and Irish passports (up to 6 months), however, can now be accepted for verification purposes which is good news.
New union rights to access your workplace
Do you have 21 or more employees?
As of the 30th October 2026 Trade unions will gain new statutory rights to access workplaces as part of the Employment Rights Act 2025.
Unions will be allowed to request workplace access to meet, support, represent, recruit and organise workers and facilitate collective bargaining. Employers will also be required to give their team paid time off to attend these meetings.
This relates to all businesses who have 21 or more employees (total, not per site).
Employers will need to provide a written statement advising staff of their right to join a union. This has just been pushed back and will now be as of 1st January 2027. Once an official statement template has been published, Mint will share with all relevant clients.
If you are contacted by a union requesting access don’t ignore it – you have 15 working days to respond before the matter may be referred to the Central Arbitration Committee (CAC). Mint can support you if you are contacted.
Privacy update and data cleanse reminder
All of your employees are required to sign a GDPR privacy notice at the time of their onboarding (if they haven’t, get it done now – late is better than never). We can of course assist with this.
Recent developments in data privacy legislation, means GDPR privacy notice and data protection policy updates are now required. The updates intend to provide greater transparency to how personal data is collected, stored, processed and managed.
Last month, Mint HR reached out to clients regarding these changes and are working through the updates for all eligible clients as we speak.
We also reminded clients that it’s time for a data cleanse.
GDPR specifically states how long certain personal data can be kept by an employer. Mint therefore recommends an annual data cleanse to ensure you are not in breach of the legislation.
Zero hour contract change delayed
The Employment Rights Act 2025 has pushed back changes related to zero hours contracts.
And seeing as there’s all of the above changes happening, at least that’s one less thing to think about right now!