Five Questions to Ask Before a Senior Hire, and the Employment Law Changes Scale-Ups Need to Know
From 1 January 2027 employees can claim unfair dismissal after six months instead of two years, which makes getting senior hires right more important. Here are five questions to answer before you recruit.
By Entrepreneur Group · Published · Updated
Editor's note: updated on 27 October 2026 with the confirmed Employment Rights Act dates. An earlier version claimed we had interviewed 50 founders; we have no records to support that, so it was removed. This article is editorial guidance, not the result of a survey.
Senior hires are among the most expensive decisions a growing business makes, and from 2027 a poor one will be harder to undo. From 1 January 2027 the qualifying period for unfair dismissal falls from two years to six months, and the cap on compensation is removed, according to Acas. That means a new hire can bring an unfair dismissal claim much sooner than before.
The way to protect your business is not to avoid hiring, but to hire more carefully and manage the first six months well. These five questions help.
1. What problem does this role solve?
A job title is not a problem statement. Before you advertise, write down:
- the outcome you need in the next 12 to 18 months;
- what decisions the person will own, and their budget;
- how you will measure success.
If you cannot answer these, the role is not ready to recruit.
2. Builder, operator or both?
Someone who has run a large team at a big company may not enjoy building a function from scratch, and the reverse is also true. Ask candidates for specific examples of work done at a similar stage to yours. Relevant experience matters more than an impressive brand on a CV.
3. Is your process fair and consistent?
Acas says there is no set recruitment process required by law, but employers must follow a fair process, and discrimination and data protection law apply throughout. In practice:
- ask every candidate the same core questions and score answers against agreed criteria;
- involve more than one interviewer;
- use a practical task based on real work where possible;
- take meaningful references, with the candidate's agreement;
- do not treat candidates less favourably because of trade union membership, which is unlawful.
Structured interviews reduce the temptation to hire on gut feeling alone.
4. What support will they need?
Many senior hires fail for reasons unrelated to ability: an unclear mandate, no access to the data they need, or a leadership team that is not aligned. Plan their first 90 days, including who they need to meet, what decisions they can make straight away and when you will review progress.
5. How will you review the decision?
With the six-month qualifying period coming, a proper probation process is essential.
- Set clear objectives at the start and put them in writing.
- Hold regular reviews, for example at one, three and five months, and record what was discussed.
- Raise concerns early, giving the person a fair chance to improve.
- Make the decision before six months. If it is not working, act within the probation period and follow a fair process.
Other changes to plan for
- Statutory Sick Pay: since 6 April 2026, SSP has been paid from the first day of sickness, and the lower earnings limit has been removed.
- Sexual harassment: from 30 October 2026, employers must take all reasonable steps to prevent sexual harassment, including by third parties such as clients.
- Flexible working: in 2027, refusals of flexible working requests will have to be reasonable as well as based on a set business reason.
These are prompts for better decisions, not legal advice. Take professional advice on employment law, discrimination and right-to-work checks for your own circumstances.
Frequently asked questions
When does the unfair dismissal qualifying period change?
From 1 January 2027, the qualifying period for unfair dismissal falls from two years to six months, and the compensation cap is removed, under the Employment Rights Act 2025.
Is there a legal recruitment process in the UK?
No set process is required by law, but Acas says employers must follow a fair process and comply with discrimination and data protection law throughout.
How long should probation be for a senior hire?
There is no legal minimum, but with the six-month unfair dismissal qualifying period from 2027, many employers will want probation reviews completed within the first six months.
Sources
- Acas: Recruiting staff (reviewed 27 October 2026)
- Acas: Employment Rights Act 2025 (reviewed 27 October 2026)