Probation operating guide: the 182-day planning guide
From 1 January 2027, the Employment Rights Act 2025 reduces the unfair dismissal qualifying period to just six months. This guide explains common process expectations and how to organise your internal record trail.
1 Jan 2027
ERA takes effect
182 days
Qualifying period
7 Apr 2026
FWA starts
Day 1
SSP entitlement
What Is the 182-Day Rule Under ERA 2025?
The Employment Rights Act 2025 reduces the qualifying period for unfair dismissal from two years to six months. ProbationWatch uses Day 182 as a clear operating checkpoint around that six-month threshold. This change takes effect on 1 January 2027.
Before the ordinary qualifying period is reached, employees may still have day-one protections and automatic unfair dismissal protections in specific cases, but the ordinary unfair dismissal right has not yet accrued. After the six-month threshold, any dismissal should be backed by a clear reason and a fair process.
The Cliff: The legal risk can change sharply around the qualifying threshold. A decision before the threshold carries a different risk profile from the same decision after it, which is why employers need dated notes, support records, and a clear decision trail before the window closes.
Why the dates must stay separate
Day 182 is a ProbationWatch planning checkpoint, not a statutory deadline. Compare it with the contractual probation end date and the six-calendar-month service anniversary before acting.
Fair-process prompts
- Objectives set in writing at start
- Formal performance reviews documented
- Shortfalls raised with opportunity to improve
- Consistent treatment across staff
Fair Work Agency Audit Workflows
The Fair Work Agency (FWA) launches on 7 April 2026. It has new powers to conduct workplace audits, compel the production of records, and issue financial penalties.
Scope note: The FWA has investigatory and enforcement powers within its statutory remit, but this product does not guarantee FWA compliance or prescribe a universal response deadline. Verify any request and its deadline directly.
Building an FWA-Ready Trail
Statutory Sick Pay Day 1 Rights 2026
From 6 April 2026, SSP becomes a Day 1 right. The three “waiting days” are permanently abolished.
This applies to all eligible employees, including those still within their probation period. Probation does not remove or delay SSP entitlement.
Operational Checklist
Conduct and record Right to Work check. Log document type and date.
Confirm SSP Day 1 eligibility and communicate in writing.
Informal check-in. Note objectives and initial performance.
Mid-probation review. Document outcomes and improvement areas.
5-month review window opens. ProbationWatch fires alert.
Conduct a formal review record. Seal to Evidence Ledger.
Final decision: Pass, Extend, or Exit. Document decision.
Automating All of This
182-Day Countdown
Tracks every employee clock from Day 1. Fires alerts at Day 150, 165, 175, and 182.
Structured PDF export
Generates downloadable sealed review records for your own internal archive.
SHA-256 Evidence Ledger
A hash is recorded for sealed reviews so a later content change can be detected; this does not prove legal compliance.
Employer Record Fields
Captures right-to-work status, NI numbers, and contract types for the employer's own records.