Recruitment and Probation Changes Pt 2

From January 2027, one of the biggest employment law changes affecting equestrian employers is expected to come into force.

But these future changes will affect staff you employ NOW.

In this essential two-part series, the legal experts at HCR Law explain the changes, why you need to act now, and how updating and refining your recruitment process can help reduce your financial risk.

>> Read Part 1 now

What are the changes?

From January 2027:

• Employees will be able to bring an ordinary unfair dismissal claim after six months' continuous service, rather than the current two-year qualifying period.
• The current cap on unfair dismissal compensation (currently the lower of 52 weeks’ gross pay or £123, 543) will be abolished.

A fair process still matters

Although ordinary unfair dismissal protection is not expected to apply until an employee has six months' service, employers should not assume they can dismiss someone without following a fair process during probation.

Employees are protected from day one against discrimination and can also bring claims for certain automatically unfair dismissals. These include those relating to pregnancy and maternity, whistleblowing, health and safety concerns or asserting a statutory employment right.

Following a fair and reasonable process from the outset is therefore Good Employment practice, and helps employees understand what is expected of them.

It also reduces the risk of disputes, and puts employers in a stronger position with a clear record of the steps taken if a decision is ever challenged.

Don't leave reviews until the last minute

Probation should be an active process, not simply a date in the diary.

Employers should:

• Set clear expectations from day one.
• Provide a structured induction.
• Hold regular review meetings.
• Record performance and any concerns.
• Give employees the opportunity to improve where appropriate.
• Make decisions promptly if standards are not being met.

Regular reviews not only help employees succeed but also demonstrate that decisions have been made fairly, consistently and objectively.

Preparing for the changes now

Although these changes are not expected until January 2027, now is the ideal time to review your recruitment procedures and probation process.

Investing time at the beginning of the employment relationship is far easier—and far less costly—than dealing with problems later.

If you're reviewing your recruitment procedures or would like advice on managing probation effectively, the EEA is here to help.

From creating structured interviews to providing probation templates, HR guidance and expert advice, our resources are designed specifically to help equestrian employers recruit with confidence and manage staff legally, fairly and effectively.

Do you need legal support?

The employment process doesn’t always run smoothly. The EEA provides advice and support to our members on everyday HR and employment matters but for more serious issues the team at HCR Law is here to help.

Join the EEA