Probation Periods and the Employment Rights Act: Why Getting Probation Right Matters More Than Ever
So, let’s say you’ve just made the decision to hire a brand new team member; perhaps an exciting young graduate, an experienced industry stalwart, or maybe someone who just seemed the perfect culture fit. You’re excited… but how do you know they’ll deliver in the role and fit your team?
That’s where a well-structured probation period comes in.
With the upcoming Employment Rights Act changes on the horizon, probation is no longer just a useful HR process. It is becoming one of the most important parts of managing recruitment risk, performance and employee fit in your business.
What is a probation period in the UK?
Quite simply, in the UK, probation period arrangements are essentially a trial period. New recruits get a set period of time to prove they’re equipped to do the job you hired them for, and you can use that time to make sure they’re a good fit for your business.
Probation periods also work both ways. While you are assessing the employee, they are also deciding whether your business is the right fit for them.
How long is a probation period?
The probation period starts from day one of employment and is usually between 3 and 6 months long.
The duration of the probation period depends on the type of contract, the role and the work itself. The more technical or senior the role, the longer you may wish it to be, so you can get a really good idea of the candidate’s aptitude for the complexities of the role.
Probation periods can be extended if you need more time to decide; they’re not fixed in stone, and we’ll dig into that in a little more detail later in this article.
Why probation matters more under the Employment Rights Act
One of the biggest reasons to review your probation process now is the upcoming Employment Rights Act.
This is being described as one of the biggest shake-ups in employment law in years, with changes landing in phases across 2026 and 2027. While there are several reforms for employers to keep an eye on, one of the most significant from a probation perspective is the planned reduction in the qualifying period for ordinary unfair dismissal claims.
At the moment, many employers are used to thinking in terms of a two-year service threshold. But as discussed in our podcast episode on the Employment Rights Act, the proposed change is expected to reduce that protection point to six months.
That matters because six months is also a very common probation period length.
If your probation process drifts, reviews are missed, or a decision is not made before that point, you may find that an employee has gained additional legal protection before you have properly concluded whether they are right for the role.
That means probation periods will need to be more intentional, more structured and much better managed than before.
Why you must review probation before the end date
One of the biggest probation mistakes employers make is leaving the review too late.
A probation period should never quietly expire without a clear decision. If you wait until the employee has reached or passed the end of the probationary period, you reduce your options and increase your risk.
From a practical point of view, if performance concerns have not been raised early, it becomes much harder to justify extending probation or ending employment. From a legal and employee relations perspective, delay also creates confusion, inconsistency and unnecessary tension.
Reviewing probation before the end date is important because it allows you to:
make a clear decision while probation is still live
address concerns early rather than storing them up
extend probation fairly where more time is genuinely needed
avoid employees drifting through probation without meaningful feedback
reduce the risk of employment disputes later on
The key message is simple: do not wait until the final week of probation to start thinking about whether the arrangement is working.
What does HR need to do for a probation period?
HR plays a key role in setting up a structured and fair probation process. That includes designing any review forms, helping define expectations, and making sure key check-ins are scheduled. HR will also support the manager throughout the process, particularly with tricky conversations or if performance issues come up.
The day-to-day responsibility, though, usually sits with the manager. They’ll need to set clear goals and expectations, hold regular 1:1s, and give feedback early and often. Getting to know the employee and understanding their working style can help spot any barriers to success and make reasonable adjustments if needed.
Remember, probation periods go both ways. The employee is also deciding whether your business is the right fit for them.
How to manage a probation period effectively
Regular one-to-one meetings will help you identify any concerns early on, from both sides, and save you time in the long run. Keeping in touch with any new employees during their probation period is key to building a good working relationship in the long term.
Follow each probation meeting with written notes. This shows good management of the process and helps identify key actions to work on. It also helps ensure there is mutual understanding between HR, the manager and the employee.
Being prepared, knowing exactly what you want your employee to do, and communicating clearly is a great way to get the best out of all staff, especially new starters. Managing poor performance at work is always difficult, but it becomes much easier with strong communication and consistent processes.
Following a probation review form is a good way to ensure you’re fair and consistent in your approach. Having a process to follow will make your communication clearer and more effective.
Best practice probation process for employers
If you want your probation process to stand up commercially and legally, it should include:
1. Clear expectations from day one
Employees should know what success looks like in the role, what standards are expected and how performance will be assessed.
2. Regular check-ins
Do not save all feedback for one formal meeting at the end. Frequent conversations help avoid surprises.
3. Written records
Document review meetings, concerns raised, support offered and any improvements required.
4. Early intervention
If something is not working, address it straight away. Hoping things will improve without action rarely ends well.
5. A decision before probation expires
Confirm successful completion, extend probation where your contract allows it, or take advice on next steps before the end date passes.
How to extend a probation period
In some cases, you may need more time to assess your new recruit even after the normal probation period is due to end. That’s not a problem, as long as it’s handled correctly.
You’ll need to issue a probation extension letter that clearly explains the reasons for the extension, includes any relevant feedback, and sets out the next steps. Most extensions last between 1 and 3 months, but it’s important to check the employee’s contract first; there’s often a clause that sets the maximum length of any extension.
During the extended probationary period, you should hope to see improvements in performance. In many cases, you will notice improvements and the employee will stay in the role they were hired for.
Extending probation can be unsettling for both HR and the employee, so it’s important to be clear about:
the reasons why you have extended the probation period
how long the extension will last
the specific improvements you expect to see by the end of the extension period
any extra support or training you will provide
You’ll also need to manage expectations throughout the extension. If there is a real possibility that employment could end if standards are not met, that should be communicated clearly and fairly.
The right to extend probation should be written into the contract of employment.
How to handle dismissal during a probation period
You can sometimes move straight to dismissal during probation, but it is important to approach this carefully.
If there has been some progress, or if external factors have prevented the employee from fully settling into the role, then a short extension may be a better option. But if it is clear their performance is unlikely to meet the required standard, extending probation may simply delay a difficult decision.
Before ending a probation period, think carefully about the legal risks, particularly if the dismissal could be linked to issues such as sickness, disability, pregnancy or whistleblowing. Employees do not need two years’ service to bring claims in certain circumstances, including discrimination and some automatically unfair dismissal claims.
It is also worth making sure your employment contract includes a clear probation clause with an appropriate notice provision. If you decide you do need to let the employee go, you should confirm that in writing and make sure notice and final pay are handled correctly.
Probation periods are no longer something to manage loosely
For many employers, probation has historically been treated as a fairly light-touch process. But with the Employment Rights Act changes approaching, that approach is becoming riskier.
Probation periods should now be seen as a critical part of workforce planning, manager capability and legal risk management.
Businesses that get this right are more likely to:
identify issues early
support new hires properly
make fair decisions with confidence
reduce the risk of disputes
improve the quality of long-term hires
In short, probation is not just an admin step. It is one of the most important windows you have to set a new employment relationship up for success.
Listen to the podcast episode
We explored these upcoming Employment Rights Act changes in more detail on the podcast, including what they could mean for probation periods, unfair dismissal risk and practical planning for employers.
Listen to the full episode here to get ahead of the changes and make sure your probation process is fit for what’s coming next.
Need help reviewing your probation process?
If the thought of probation periods, extensions and upcoming Employment Rights Act changes leaves your head spinning, don’t worry, we can help.
Whether you need to review your contracts, tighten up your probation process, train managers or sense-check a tricky case, our team can support you.