What the Employment Rights Act 2025 Means for Practice Managers
Unfair dismissal has always been a risk for dental practices. But under the Employment Rights Act 2025, that risk is about to change significantly. From October 2026, the unfair dismissal reforms take effect — and many practice managers are not yet fully prepared.
In the past, there was often more room for informal handling in the early stages of employment. Decisions were sometimes shaped by experience, judgement and practicality. That is now shifting.
As employment rights begin earlier and scrutiny increases, the focus moves away from how long someone has worked for you and towards how fairly, clearly and consistently your processes are applied from day one.
In practice, that means decisions need to be easier to explain, easier to evidence and supported by a process you can point to with confidence.
What is unfair dismissal in a dental practice?
Unfair dismissal happens when someone is dismissed without a fair reason, or without a fair and consistent process being followed.
In dental practices, that often comes up around:
- performance concerns
- conduct issues
- probation decisions
The situations themselves are not new. What matters more now is whether the steps around those situations were handled and documented properly.
Why unfair dismissal risk is increasing
The Employment Rights Act 2025 brings changes that increase employee protection and employer accountability. For practices, that means less room for inconsistency in how people issues are managed.
The key changes for practices are:
- unfair dismissal protections apply from 6 months of employment effective January 2027, removing the previous two-year qualifying period
- the financial cost of a successful claim is rising, with tribunal awards and legal costs both increasing
Taken together, the effect is clear: there is less margin for informal handling, delayed documentation or manager-by-manager variation.
The shift from judgement to process
This is the most important mindset change for practices. Decisions can no longer rely mainly on good intentions, experience or manager discretion. They need to be supported by a process that is visible from the outset.
Previously, decisions were often driven by judgement first, with documentation used to support them afterwards. Now the process itself needs to be clear from the start.
In practice, that means:
- structured probation periods
- documented performance conversations
- consistent review points across the team
The law may not prescribe one exact format, but consistency is what helps demonstrate fairness.
Where many dental practices are exposed
Most practices are not ignoring HR. More often, they are managing it in ways that are workable day to day, but not fully visible when challenged.
That can include:
- notes spread across emails and spreadsheets
- conversations that are never formally recorded
- processes that vary depending on the manager involved
In many practices, that creates an invisible HR load — work is being done, but not always captured in a way that makes it easy to prove later.
The risk usually only becomes obvious when:
- a dismissal decision is challenged
- documentation is requested
- consistency needs to be demonstrated quickly
Before and after: what’s changing in practice
Before ERA 2025
- performance often managed informally
- documentation created only when needed
- probation handled with a lot of flexibility
After ERA 2025
- probation processes are more clearly defined
- reviews are documented regularly
- decisions are supported by a clear audit trail
The tasks themselves are familiar. What changes is the expectation that those tasks are applied consistently and backed by evidence from the start.
How to reduce unfair dismissal risk in your practice
Reducing risk does not mean overcomplicating your HR approach. It means putting enough structure in place that your process is clear and consistent.
In most practices, that starts with:
- setting expectations clearly at the beginning of employment
- documenting performance concerns when they arise
- holding reviews consistently across team members
- storing records in one place where they are easy to access
Problems often arise not because the wrong decision was made, but because the process behind it is difficult to show afterwards.
Where systems can make a difference
As expectations increase, informal tracking becomes harder to sustain. Records end up spread across emails, spreadsheets and individual notes, which makes it harder to evidence a consistent approach.
That is why some practices choose systems that:
- standardise key HR processes
- connect related documentation
- create an audit trail automatically
The aim is not to add more process for the sake of it. It is to reduce the risk that important evidence is missed, scattered or difficult to retrieve when you need it.
Final thought: the risk isn’t new — the visibility is
Unfair dismissal claims rarely hinge on the decision itself. They hinge on whether the process behind it can be demonstrated clearly and consistently.
As expectations shift under the Employment Rights Act, the practices that adapt fastest are not reinventing everything. They are making their processes more visible, more consistent and easier to evidence from day one.
Next step: understand your current exposure
If you are unsure whether your current approach would stand up to scrutiny, take the 2-minute HR Gap Check. It highlights:
- where your processes may expose risk
- how prepared your practice is
- where to focus next
For practical guidance on what the April 2026 changes mean for your dental practice, download our ERA2025 Action Checklist or speak to our team for more support.