James Hamilton-Reed From 1 January 2027, the qualifying period for ordinary unfair dismissal protection in England, Scotland and Wales will reduce from two years to six months. The cap on compensatory awards will also be removed.
For employers, the practical response should start well before a new employee’s first day.
When a new hire doesn’t work out, it’s worth looking beyond the individual. Was the role clearly defined? Did the interview process assess what the person would actually need to deliver? Were they given the tools, direction and support to succeed once they joined?
For growing businesses, these questions can get lost in the pressure to fill vacancies. However upcoming employment law changes give employers a timely reason to look more closely at the whole journey, from agreeing a hiring brief to supporting someone through their first months.
Define what a good hire needs to achieve
A job description can list responsibilities without explaining what success looks like. Before going to market, the hiring manager should agree what the person needs to deliver, which capabilities are essential from the outset and what can realistically be developed.
This is particularly important when a business is scaling because a role may combine work that previously sat with several people, or require someone to build a function that does not yet exist. If stakeholders have different expectations, candidates can move through an entire interview process without anyone resolving what they are being hired to do.
Agree a small set of meaningful outcomes at the start then use them to shape the assessment and carry them into onboarding.
Build evidence into the selection process
Confidence in an interview is useful evidence of interview performance, but it does not, on its own, demonstrate someone’s ability to do the job. A stronger process gives each stage a clear purpose. Interviewers know which capabilities they are assessing, candidates are evaluated against consistent criteria and decisions are supported by specific examples.
Depending on the role, a short, relevant work sample or discussion of a realistic business problem can reveal how someone approaches decisions, handles uncertainty and explains their reasoning. This need not mean adding more interviews. Review what each stage tells you. If several conversations cover the same ground while an essential skill remains untested, redesign the process.
Complete appropriate checks and references, while recognising that factual references alone provide limited insight into future performance.
Give candidates an accurate picture of the opportunity
Selection works in both directions. Candidates need to understand the resources available, the demands of the role and the challenges they will inherit. If priorities change frequently, systems need improvement or the team is stretched, those realities should be discussed before an offer is accepted.
For example, hiring someone to build a sales function is a different proposition from asking them to deliver against an established pipeline. The title may be similar, but the experience and expectations are different.
An honest conversation helps both sides make a better decision. It also gives the new employee a clearer starting point.
Treat onboarding as part of hiring quality
The recruitment process creates expectations. Onboarding needs to translate them into a workable plan. Before someone starts, agree who owns their induction, which relationships they need to establish and what support they will need. Make sure equipment, system access and essential information are ready.
A 30-, 60- and 90-day plan can provide useful structure, provided the milestones reflect the role. Someone building a new function may need to diagnose problems and establish priorities before delivering measurable commercial results.
Regular conversations should explore both progress and obstacles. What is clear? Where are they waiting on others? What training or decisions would help them move forward?
These discussions help managers distinguish between a capability gap and a problem the business needs to resolve.
Give managers time and support to manage
A well-designed process only works if someone takes responsibility for it – managers need clear expectations for check-ins, feedback and review decisions, alongside the time and confidence to follow through. Concerns should be discussed promptly, with specific examples, agreed support and a clear record of next steps.
Employees should also have space to explain their experience and raise difficulties – probation arrangements need to be reviewed alongside the new qualifying period. Extending probation does not postpone statutory employment rights, and employers should take appropriate advice on individual decisions and procedures.
Measure what happens after the offer
Time to hire and cost per hire tell you about recruitment efficiency but they provide only part of the picture. Look at whether new employees are progressing against agreed expectations, how prepared they felt when they joined and why early departures happen. Bring that feedback into future hiring decisions.
If several people struggle in the same role, examine the brief, assessment, workload and management support before launching another search.
The aim is to make appointments with greater confidence and give new colleagues a fair opportunity to deliver.
How well is your hiring process setting people up for success?
Troi works alongside your team to strengthen assessment, align hiring managers and build a smoother transition from candidate to colleague. If you’re reviewing your approach ahead of the employment law changes, talk to us about how we can help.
