The Six-Month Unfair Dismissal Rule: What MedTech Employers Need to Know Before 2027
What You Will Learn in This Post
- What's changing on 1 January 2027 and what it means for existing and new employees
- Why six months may not be enough to fully assess a new medical sales or clinical appointment
- How to recognise and address performance concerns early
- How MedTech employers can strengthen recruitment, onboarding and probation processes
Hiring the wrong person has always been costly. But changes to UK employment law mean the consequences of an unsuccessful appointment could become more significant. From 1 January 2027, the qualifying period for ordinary unfair dismissal protection in Great Britain is due to fall from two years to six months.
For medical technology employers, this places greater importance on the decisions made during recruitment and the early months of employment. A Territory Sales Manager may need time to understand a new product portfolio, establish clinical relationships and develop their territory. A Clinical Specialist may require extensive training before working independently. A Commercial Director may need several months to understand the business before their impact becomes measurable.
The challenge is assessing performance fairly while recognising that specialist roles often take time to develop. The changes don't mean employers must make every employment decision within six months. However, they reinforce the importance of thorough recruitment, realistic expectations and effective performance management from the outset.
This article provides general information rather than legal advice. Employers should consult an employment law specialist when reviewing their contracts, policies and dismissal procedures.
What Changes on 1 January 2027?
Under the Employment Rights Act 2025, two significant changes to unfair dismissal protection are scheduled to take effect on 1 January 2027.
First, the qualifying period for ordinary unfair dismissal protection will reduce from two years to six months. Employees who already have at least six months' continuous service when the change takes effect will qualify for protection. Employees with shorter service will become eligible when they reach six months.
Second, the existing statutory cap on compensatory awards for unfair dismissal will be removed. This doesn't mean compensation will automatically increase or that tribunals will award unlimited amounts in every case. Awards will continue to be assessed according to the relevant legal principles and evidence of financial loss. However, removing the cap increases potential financial exposure, particularly where a dismissal involves a senior or highly paid employee.
Another change has already taken effect. Since 1 October 2026, the time limit for bringing most employment tribunal claims has increased from three months to six months, subject to the applicable rules and exceptions.
Importantly, employees already have certain protections from their first day of employment, including protection against discrimination and various forms of automatically unfair dismissal. The changes apply to England, Scotland and Wales. Northern Ireland has separate employment legislation.
Employers can find further information in the government's guidance on unfair dismissal rights.
What does the six-month rule mean in practice?
The new qualifying period doesn't prevent employers from managing poor performance or making fair dismissal decisions after six months. Nor does it mean that every employee must have completed their probation or demonstrated their full potential by that point.
However, once an employee qualifies for ordinary unfair dismissal protection, employers generally need to demonstrate a fair reason for dismissal and follow an appropriate process. A contractual probation period doesn't remove statutory employment protections.
For MedTech employers, the practical message is to establish clear expectations, provide appropriate support and address concerns promptly rather than allowing problems to develop unnoticed.
Why Six Months Is Shorter Than It Looks
Six months might initially sound like a reasonable period to assess whether someone is suitable for a role. In medical technology, however, the reality can be more complicated.
Consider a Territory Sales Manager joining a company that supplies surgical implants or capital equipment. Their first few weeks may involve product training, compliance requirements, clinical education and introductions to key accounts. They may then need to understand existing customer relationships, identify growth opportunities and begin developing a territory plan.
If they're selling into the NHS, procurement processes, clinical evaluations and purchasing decisions can extend over several months. By the time they've completed their training and started managing the territory independently, a significant proportion of the first six months may already have passed.
The same applies to Clinical Specialists, whose early performance may depend heavily on the quality and duration of their product training. For senior commercial appointments, meaningful results may take even longer to emerge.
What should employers assess?
It's important to distinguish between outcomes that take time and behaviours or capabilities that can be assessed much earlier.
A new Territory Sales Manager may not have secured a major contract within three months, but you should be able to assess their account planning, customer engagement, product knowledge and commercial judgement. Similarly, a Clinical Specialist may still be developing technical expertise, but their ability to learn, communicate with clinicians and respond to feedback should already be evident.
For a Commercial Director, early indicators might include the quality of their strategic assessment, relationships with colleagues and ability to establish clear priorities.
The key is agreeing realistic expectations before the employee starts. A specialist recruiter can help employers identify which skills and behaviours should be demonstrated during selection and which will need to be developed through onboarding.
Recognising and Addressing Problems Early
When a new appointment isn't working as expected, warning signs may appear before the situation becomes serious.
In medical sales, these might include difficulties developing customer relationships, poor territory planning, weak commercial judgement or an inability to adapt to the clinical environment. For a Clinical Specialist, concerns might relate to product knowledge, communication with healthcare professionals or progress towards independent working. In leadership roles, problems may become apparent through team relationships, decision-making or the ability to establish clear priorities.
Not every early difficulty indicates a poor appointment. A new employee may need additional training, clearer expectations or more support from their manager. But leaving concerns unaddressed can make them harder to resolve.
Why early conversations matter
Line managers are often balancing their own commercial responsibilities with supporting new employees. A Regional Sales Manager may be managing several territories, travelling extensively and dealing with customer demands while also overseeing a new recruit. Formal performance conversations can easily slip down the priority list.
There may also be reluctance to raise concerns too early, particularly when the business has invested considerable time and money in recruitment. However, waiting until the final weeks of probation leaves little opportunity to understand the problem, provide support and assess whether performance improves.
Regular conversations, clear objectives and documented feedback help employees understand what's expected and give managers a more reliable basis for assessing progress.
The Cost of Getting a MedTech Appointment Wrong
The financial impact of an unsuccessful appointment extends well beyond the initial recruitment cost. In medical technology, the investment involved in bringing someone into a role can be substantial.
New employees may require extensive product training, clinical education, regulatory and compliance training, and time accompanying experienced colleagues in hospitals or other healthcare environments. There's also the cost of management time and reduced productivity while someone becomes established.
If a Territory Sales Manager leaves after a few months, the business may face further disruption to customer relationships, territory coverage and sales opportunities. For a Clinical Specialist, losing someone after significant training can mean starting the development process again. And for senior commercial roles, an unsuccessful appointment may affect strategic decisions, team performance and business growth.
The employment law changes add another consideration. Where an employee qualifies for unfair dismissal protection, employers must be able to demonstrate a fair reason and appropriate process if dismissal becomes necessary.
This makes effective recruitment and early performance management even more valuable. Investing in a thorough search and assessment process can reduce the risk of a poor appointment, although no recruitment method can eliminate it entirely.
Five Ways MedTech Employers Can Prepare
The strongest preparation starts before a candidate is appointed.
1. Start with a clearer recruitment brief
A job description may explain the responsibilities of a role, but it doesn't always define what successful performance looks like. Before recruiting, establish what the new employee should realistically achieve during their first 30, 60 and 90 days.
For a Territory Sales Manager, that might include completing product training, understanding key accounts and developing a territory business plan. For a Clinical Specialist, it could involve achieving agreed training competencies and progressing towards independent clinical support. For a Commercial Director, the priorities might include assessing team performance, identifying strategic opportunities and developing a commercial plan.
Discussing these expectations with your recruitment partner helps ensure candidates are assessed against the requirements that matter most.
2. Assess capability and suitability before making an offer
A strong CV doesn't always translate into strong performance. Someone may have worked for a well-known medical device manufacturer or held an impressive job title without necessarily having the experience required for your particular role.
That's why specialist assessment matters. Explore how candidates have achieved their results, the customers they've worked with, the challenges they've faced and how they've responded to setbacks.
For medical sales positions, this might involve discussing territory development, clinical stakeholder engagement, negotiation or account planning. For leadership roles, look at how candidates have developed teams, managed performance and delivered commercial change.
Relevant interview questions, realistic work-based exercises and appropriate references can provide additional evidence. At Advance Recruitment, our understanding of the MedTech market helps us look beyond job titles and assess how candidates' experience aligns with an employer's specific requirements.
3. Build a structured onboarding and probation plan
A successful appointment needs more than a good recruitment process. New employees should understand what's expected of them, how their performance will be assessed and what support is available.
Schedule regular reviews from the beginning rather than leaving everything until the end of probation. For example, reviews at 30, 60 and 90 days can help identify training needs, recognise progress and address concerns early.
Keep straightforward records of objectives, feedback, support provided and agreed actions. If a Territory Sales Manager is expected to develop a territory plan within their first 60 days, that objective should be clearly communicated. If progress falls short, the manager should explain what needs to improve, agree appropriate support and set a realistic review date.
Employers should also consider whether their existing probation periods and review arrangements remain appropriate under the new legal framework, seeking employment law advice where necessary.
4. Give line managers the time and support they need
Even a well-designed probation process will be ineffective if managers don't have the time or confidence to use it. In medical technology businesses, sales managers often carry significant commercial responsibilities alongside managing their teams.
Supporting a new employee can involve regular field visits, coaching, product training and reviewing customer activity. Those commitments need to be planned rather than fitted around everything else.
Managers should also know how to raise performance concerns constructively, document discussions and involve HR when necessary. Early feedback gives employees an opportunity to improve before relatively minor issues become more serious.
5. Think carefully about start dates
The timing of a new appointment can influence how effectively someone settles into the business. Starting a Territory Sales Manager immediately before their manager takes extended leave, for example, may delay important training and introductions.
Similarly, a Clinical Specialist joining during a particularly busy product launch may struggle to access the support they need. Where possible, coordinate start dates with training availability, management capacity and business priorities.
The aim is to give new employees a realistic opportunity to demonstrate their capabilities from the outset.
Getting the Hiring Decision Right Before Day One
The reduction in the unfair dismissal qualifying period to six months reinforces the importance of approaching recruitment and early performance management carefully. For MedTech businesses, that means recognising the time required to develop specialist knowledge while establishing clear expectations from the beginning.
A thorough selection process, realistic onboarding plan and regular performance reviews can all help reduce the risk of an unsuccessful appointment. Just as importantly, employers need to distinguish between someone who requires more time and support to become effective and someone whose skills or approach may not be suited to the role.
At Advance Recruitment, we work with medical technology employers to understand their commercial objectives, define the experience and capabilities required, and identify candidates who are well suited to their business. Our Committed Search approach provides a structured recruitment partnership, helping employers make informed hiring decisions from the outset.
If you're planning to recruit medical sales, clinical or commercial professionals in the coming months, we'd welcome a conversation about how to strengthen your hiring process and get the appointment right from the start.
