The reduction of the unfair dismissal qualifying period to six months marks a significant shift in the employment landscape and has direct implications for the importance of workplace investigations.

Currently, with unfair dismissal protection only kicking in after two years’ service, many employers rely on length of service as a risk filter. Decisions involving newer employees are often taken quickly, sometimes informally, on the basis that there is reduced risk of an unfair dismissal claim.

That approach will no longer be available, as length of service will quickly pass the six-month point.

In a six-month unfair dismissal world, the stakes will rise earlier. Decisions taken outside the first few months of employment will be subject to the normal substantive and procedural fairness requirements the law demands. Even within the first six months, employees may still bring an “add-on” claim to remove any applicable time limit.

What This Means for Employers

It has always been best practice to promote fairness in decision-making, and a robust workplace investigation process supports exactly that.

• Those handling investigations must understand the correct process
• Investigators must remain independent and impartial
• Reports must be fair, thorough, and well-reasoned
• Good investigations reduce both legal and reputational risk

Not every concern requires a full forensic investigation, but process discipline matters from day one. Explicit Terms of Reference, clear allegations, comprehensive investigation plans, reasonable evidence, and impartial conclusions are no longer optional “best practice” extras — they are core protections.

Culture, Capability, and Conduct

The changes place greater emphasis on distinguishing conduct from capability and on understanding context. Early-service cases often involve unclear allegations and mixed reasons for dismissal. Investigations that lack clarity about what an employee is being investigated for are likely to fail procedurally.

Perhaps most importantly, the change forces organisations to confront workplace culture. When early exits are no longer procedurally risk-free, managers must engage with issues early rather than avoiding them. Fairness, transparency, and proportionality become operational necessities. Line managers must be trained accordingly.

How We Can Help

We have a team of employment lawyers and HR professionals who specialise in workplace investigations.

• Training for managers and investigators
• Support for internal investigations
• Investigation toolkits
• Independent external investigations

If you would like a free consultation to assess the robustness of your workplace investigation processes, please contact us at contact@impactlawyers.co.uk or visit our workplace investigations page.