By Kathryn Rodgers, face2faceHR.
Hiring a new employee always carries some risk. No matter how rigorous your recruitment process, it’s often not until someone is in the role that you truly know if they’re the right fit. That’s why probation periods are so valuable – for both employer and employee.
Probation allows for a defined period – typically three to six months – to assess performance, culture fit, and conduct before confirming permanent employment. When well-managed, it helps employers make confident hiring decisions while supporting new starters to succeed.
Why use a probation period?
Although employees currently need two years’ service to claim unfair dismissal, probation periods still serve an important purpose.
They:
Allow for shorter notice periods during the early weeks
Encourage clearer performance monitoring
Help set structured expectations from the start
Provide a clearer route for early exit if needed
This phase also prompts managers to give more active feedback, rather than waiting for problems to build up over time.
What to Include in Contracts
A strong probation clause should set out:
The length of the probation period
Notice periods during and after probation
Whether standard performance or disciplinary processes apply
The right to extend probation, and in what circumstances
That probation must be confirmed in writing when successfully passed
Some businesses also delay certain non-statutory benefits – like enhanced sick pay or bonuses – until probation is passed, as long as statutory entitlements are still met.
Supporting performance during probation
Even though employees on probation can’t claim ordinary unfair dismissal, they still have protection against discrimination, whistleblowing retaliation, or automatic unfair dismissal.
To minimise risk, treat probation as a supportive and documented process. Good practice includes:
Setting clear goals and expectations
Holding review meetings (e.g. monthly or at key points)
Offering training or mentoring if needed
Documenting performance feedback and support given
Not only does this help underperformers improve – it protects your business if dismissal becomes necessary.
When probation isn’t working
If things aren’t going to plan, you don’t have to wait until the end of the period to act. But make sure you’ve raised concerns, offered support, and kept records.
If the employee still doesn’t meet expectations, follow a simple and fair process:
Invite them to a probation review meeting in writing
Share your concerns and explain dismissal is being considered
Allow them to bring a companion
Hold the meeting, listen to their response, and adjourn before making your decision
Confirm everything in writing and document the process
Extensions can be useful in cases of absence or borderline performance – but they must be justified and communicated clearly, especially where health or disability is involved. Mismanaging this could lead to claims of unfair treatment.
Looking ahead: Probation may soon become law
The government plans to replace the twoyear unfair dismissal qualifying period with a formal statutory probation period (called an “initial period of employment”). The likely length? Nine months, followed by a longer notice period. While the change isn’t due before 2027, employers should start preparing now.
That means reviewing:
Whether managers are holding probation reviews on time
If performance issues are being documented
Whether new starters are getting the support they need
If managers are trained to manage performance effectively
Final tip
Encourage managers to schedule and stick to reviews, reschedule if needed, and keep a clear paper trail. A probation period should be more than just a tick-box – it’s your chance to build strong foundations and avoid future problems.
face2facehr.com