Written by: Gemma Richards, HR Manager – HR Services at CXCS
Changes to unfair dismissal rights are on the horizon, and while January 2027 may feel a long way off, there is an important date farming employers should already be aware of.
Under the Employment Rights Act 2025, the qualifying period for unfair dismissal protection is expected to reduce from two years to six months.
That means employees starting from July 2026 could fall into this new six-month window once the changes take effect.
Gemma Richards, HR Manager – HR Services at CXCS, explains why this change matters for farming businesses and why now is the right time to review how new employees are managed during their probation period.
For farming businesses, where recruitment can often be informal and roles can vary significantly from season to season, this could have important implications.
Why does this matter?
Put simply, employers will have less time to assess whether a new employee is the right fit for the role.
Whether it’s a full-time stockperson, tractor driver, office administrator or seasonal worker, issues around performance, reliability or conduct often show themselves early on.
The difference is that under the new rules, there will be much less time to deal with them properly before legal protections apply.
For many farming businesses, recruitment can be based on trust, recommendation or previous experience, with new starters often joining quickly to meet an immediate need.
While that flexibility is important, it can sometimes mean formal processes such as contracts, inductions and probation reviews are overlooked or delayed.
With the qualifying period reducing, those early stages of employment will become even more important to get right.
The importance of probation periods
Many farming businesses already use probation periods, but they are not always actively managed.
It’s easy for a three or six-month probation to pass without formal review, particularly during busy periods such as harvest, lambing or calving.
But this is where risk can build.
A good probation process should include:
- Clear expectations from the outset
- Regular check-ins, not just an end-of-probation meeting
- Honest conversations where concerns arise
- Notes of any performance discussions
- A clear decision before the probation period ends
If concerns are left until later, your options may become more limited.
Good management, not more paperwork
This isn’t about creating unnecessary paperwork.
It’s about making sure expectations are clear and issues are dealt with early, fairly and consistently.
For many farming businesses, that means making time for conversations that are often easy to put off when workloads are high.
But those early conversations can prevent much bigger issues later.
A good time to review
With these changes approaching, now is a good time to look at your recruitment and probation process.
Ask yourself:
- Do probation periods in your business actually get reviewed?
- Are concerns raised early enough?
- Are managers confident having difficult conversations?
- Is there a clear record of important discussions?
Small changes now could make a big difference later.
Need support?
CXCS supports farming businesses with practical HR advice, contracts, handbooks and day-to-day employee management support.
If you’d like to review your probation process or discuss how these changes may affect your business, contact our HR team on 01981 590514 or email info@cxcs.co.uk.
You can also find out more about our Human Resources service on our website.