Probationary Periods: Why Every Employer Needs Them More Than Ever
- kate@thehrhero.co.uk
- 1 day ago
- 12 min read
You have just recruited a new member of staff. They look great on paper and impressed at interview, but how do you really know if they are the right fit for your business?
The honest answer is that you do not. Not yet.
That uncertainty is exactly why probationary periods exist. They give both the employer and the employee time to assess whether the role, expectations and working relationship are right before employment becomes firmly established.
With upcoming changes to employment law, probationary periods are no longer just good practice. They are becoming a critical risk management tool for employers.
Why probationary periods matter more following the November 2025 announcement
At the end of November 2025, the Government confirmed that proposals to introduce day one unfair dismissal rights will not go ahead. Instead, the current two-year qualifying period to bring an ordinary unfair dismissal claim is expected to be reduced to six months, rather than removed entirely.
This change is expected to become law during 2026.
While this may feel like a compromise, the practical impact for employers is significant. A reduction from two years to six months dramatically shortens the period in which employers can assess a new employee's suitability without the risk of an unfair dismissal claim.
Once this change takes effect, probationary periods will sit directly alongside the legal qualifying period. Employers will have far less room for error if issues are not identified, addressed and documented early.
Clear expectations, regular check ins, reviews and robust records during probation will become essential.
What is a probationary period?
A probationary period is a trial period at the start of employment, typically lasting between three and six months. It allows both parties to assess whether the role is the right fit.
For employers, it provides time to assess skills, performance, conduct and cultural fit. For employees, it offers the opportunity to understand the role, the organisation and whether the job meets their expectations.
In practice, a probationary period should never be treated as informal or optional. It should be structured, reviewed and documented properly.
The benefits of probationary periods
For employers, probationary periods:
Allow assessment of suitability for the role before long term commitment.
Provide an opportunity to address performance or conduct issues early.
Reduce the risk of being locked into an unsuitable employment relationship.
Support fair decision making before unfair dismissal rights arise.
For employees, probationary periods:
Act as a trial run to assess the role and organisation.
Provide clarity on expectations and standards.
Offer support, feedback and development early on.
Allow confidence and skills to be built with guidance.
Are probationary periods a legal requirement?
Probationary periods are not a legal requirement, but they are strongly recommended.
They allow employers to properly assess whether a new employee:
Has the knowledge, skills and behaviours required.
Meets performance expectations.
Works effectively with colleagues and managers.
Fits with company culture and values.
If the probationary period is successfully completed, employment is confirmed as permanent. If concerns remain, probation may be extended or employment may be terminated in line with the contract.
Where an employee is absent due to illness for a significant part of probation, it may be reasonable to extend the probationary period to allow sufficient time for assessment.
Employers should clearly notify employees whether they have passed probation. Silence can create risk, as employees may reasonably assume probation has been completed successfully.
Legal obligations still apply during probation
Even during probation, employers must comply with employment law, including:
Issuing a compliant contract.
Paying at least the National Minimum Wage.
Meeting health and safety duties.
Applying the Equality Act 2010.
Employees with disabilities must be given appropriate support and reasonable adjustments during probation to ensure they are not placed at a disadvantage. In other words, probation should be a supported process, not a test designed for failure.
Real Tribunal Outcomes Employers Should Know
Hearing about real tribunal cases brings home the importance of managing probation properly. Below are three examples, including recent data, that highlight what can go wrong and the lessons for employers.
Wright Turner v London Borough of Hammersmith and Fulham (2024) – when probation dismissal backfires
Wright Turner v London Borough of Hammersmith and Fulham (2024): When probation dismissal backfires. Read a commentary on this case here.
Facts: A senior council employee with ADHD and PTSD was hired on a six month probation, later extended by three months. She was dismissed at the end of the extended probation amid alleged performance issues and procedural irregularities.
Tribunal decision: She brought claims of disability discrimination and won. The tribunal found that her line manager's handling of her probation was deeply flawed, including backdated letters and failure to follow the probation procedure, and that her dismissal was directly linked to her disabilities. The result was a record breaking compensation award of around £4.5 million, one of the largest ever against a public sector employer.
Lesson: Dismissing someone during probation is not risk free. If an employee has a protected characteristic (such as a disability) or if you do not follow a fair process, a “probationary” dismissal can still lead to a costly tribunal claim. Always follow your own probation policies and make reasonable adjustments, as the lack of fair process in this case proved extremely expensive for the employer.
Miss Z Cox v HM Prison and Probation Service (2025) – short service is not a free pass
Miss Z Cox v HM Prison and Probation Service (2025): Short service is not a free pass. Read the full decision here.
Facts: A probation officer with only a few months’ service attempted to claim unfair dismissal after her contract was terminated in probation.
Tribunal decision: The claim was struck out at a preliminary stage because she did not meet the minimum service requirement for unfair dismissal (two years at the time). The tribunal did not even consider the merits because the legal qualifying conditions were not met.
Lesson: Under current law, dismissing an employee before they reach the qualifying service (generally two years) usually protects you from an unfair dismissal claim. However, this safety window is about to narrow significantly to just six months once the law changes in 2026. Employers must use the probation period, and first six months, wisely, addressing problems early and fairly.
Do not assume that a short service employee can be let go without any proper process, as tribunals still expect you to act reasonably and follow procedures, and remember there are day one rights around discrimination and whistleblowing. The shorter qualifying period simply means any dismissal after six months could be open to full unfair dismissal scrutiny, so your probationary period management needs to be watertight.
Unfair dismissal claims on the rise – the growing risk for employers
Unfair dismissal claims on the rise (2025 data): The growing risk for employers. You can see recent statistics in the Government’s Tribunal Statistics Quarterly and related commentary. https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-january-to-march-2025/tribunal-statistics-quarterly-january-to-march-2025
In the year 2024/25, the Employment Tribunal received around 42,000 single claims, a 23% increase on the previous year, and unfair dismissal was the most common type of claim at about 22% of all claims.
By early 2025, the tribunal system had roughly 45,000 open cases, up 32% from the year before, and unfair dismissal disputes made up nearly a quarter of that caseload, topping the list of issues bringing employers to court.
Lesson: More employees are willing to challenge their dismissal. This upward trend means the odds of an employer facing a tribunal claim are increasing. With unfair dismissal rights soon kicking in at six months' service, employers need to be extra vigilant in how they manage new starters. A poorly handled probation could very easily translate into the next tribunal claim. The key is to organise, document and communicate throughout the probation period so that if challenged, you can show you acted fairly.
Real cases like the above lead to clear lessons for employers managing staff during their probationary period. Here are the top five takeaways to keep your organisation out of tribunal trouble.
Do not assume probationary dismissals are “safe”. A common mistake is thinking you can dismiss an employee in their probationary period without any comeback. In reality, if the dismissal involves discrimination or other unlawful reasons, the claim can be costly and compensation may be uncapped. Tribunals will hold employers accountable for unfair treatment. Always treat staff in a probationary period with the same fairness and respect as longer serving staff.
Follow your procedures and policies. If you have a probationary period procedure or policy, stick to it. Tribunals will first look at whether an employer followed or ignored their own processes. For example, not holding review meetings or failing to give required warnings can be used as evidence of unfairness. The Wright Turner case showed that even the “spirit” of a probation procedure matters. Make sure managers know the procedures for extensions, warnings and confirmations during probation.
Document performance issues and feedback. If things go wrong, you will need evidence of what steps you took. Keep records of induction, training provided, one to one meetings, and any warnings or support given. A paper trail of emails or meeting notes can make all the difference in demonstrating that the employee was made aware of issues and given a chance to improve. Without documentation, it becomes your word against the employee's, which is a position you do not want to be in if a claim is raised.
Address problems early – do not wait. Probation is a short window, especially now that the qualifying period to bring an ordinary unfair dismissal claim is changing to six months. If you notice attitude, performance or attendance red flags in week 3, tackle them in week 3 or 4, not at month 6. Managers should give prompt, honest feedback and not “save up” criticisms for the end. Tribunals expect employers to give employees a chance to correct issues. By raising concerns early and offering support, such as additional training, clearer guidance or mentoring, you not only help the new employee succeed but also protect your business if ultimately you have to dismiss. No employee should be surprised to hear they failed their probation.
Be mindful of discrimination and special circumstances. New staff in their probation period have fewer rights against unfair dismissal in the first half year, but they do have full protection from discrimination, harassment and other automatic unfair dismissal reasons from day one. If a probationer is pregnant, has a disability, or raises a complaint, you must handle them with the same care you would a long term staff member. Make reasonable adjustments for disabilities and document them. An abrupt dismissal of a disabled employee without accommodating their needs, for example, could lead to a discrimination claim regardless of service length, which is exactly the scenario that led to the huge payout in the Wright Turner case. Always consider if any protected characteristic or issue is in play and take HR advice if unsure.
By internalising these probationary period lessons, employers can significantly reduce the risk of a tribunal claim. The overarching theme is fairness and clarity; treat people fairly, follow fair processes, and be clear in communication and record keeping.
Manager probation period checklist (six-month qualifying period in mind)
Knowing the law is changing to a six-month unfair dismissal qualifying period, employers should align their probationary period management to fit within that timeframe. Below is a practical checklist for managing a typical six-month probation period effectively.
1. Before day one – prepare and set expectations Have a clear, written probationary period plan before the employee starts. This includes a solid induction schedule, training plan and defined performance goals for the first few months. Make sure the contract or offer letter states the length of the probation, for example six months, and any specific terms during probation. On the employee's first day, explain the purpose of probation and the standards they will need to meet.
2. Weeks 1–4 – provide support and early feedback In the first few weeks, focus on onboarding and coaching the new starter. Ensure they receive all necessary training and assign a buddy or mentor if possible. Schedule an initial check in (for example after the first 2–3 weeks) to ask how they are settling in and to give informal feedback on any early observations.
3. Month 3 – mid probation review Around the halfway point, conduct a structured mid probation review meeting. Prepare by gathering feedback from team members or clients who interact with the employee. Honestly assess how the employee is performing against the expectations set, highlight successes, and be candid about any areas where they are not meeting the required standard.
4. Months 4–5 – ongoing monitoring and any necessary action After the mid point, put into practice any support or performance plans agreed. Maintain regular one to ones and keep a written record of these catch ups, especially if they involve warnings or reiteration of expectations. By the fifth month, start planning for the final outcome and involve HR or senior management if improvement has been insufficient. Do not let the probation end date creep up on you by surprise.
If your contract allows probation extensions and you feel more time is warranted, identify that need by month 5 and prepare the paperwork. Remember, extending a probation past six months could mean the employee gains unfair dismissal rights in the interim, so you will need a fair reason and process if ultimately ending their employment. It is often better to make the hard decision before the six-month mark if you are fairly sure the fit is not right.
5. End of month 6 – final review and decision Schedule the final probation review meeting a couple of weeks before the six month point to allow for notice if you decide not to continue. Go through the entirety of the probation period's feedback and assessments so there are no surprises. Communicate your decision clearly: pass (permanent employment confirmed), extend (with specific reasons and a new end date), or dismissal (probation not passed).
Whichever the outcome, follow up in writing immediately. A successful probation letter should confirm permanent status and any changes, while an extension letter should explain the reasons and improvements needed, and an unsuccessful probation letter should reference the discussions and support during the probation and confirm notice pay.
6. After probation – ongoing development If the employee passes, let them know their development continues. Schedule a performance review meeting post probation and maintain some of the support systems that helped them early on. The end of probation should be a launch pad for success, not the end of feedback and growth opportunities.
By following this checklist, managers can ensure they make confident decisions within the critical first six months. Every step, from day one expectations to mid point reviews and final decisions, should be documented and handled professionally.
Why probationary periods benefit everyone
When done properly, probationary periods protect employers and support employees, creating a win win for both sides. They allow early assessment, clear communication and fair decision making.
With the expected reduction in the unfair dismissal qualifying period to six months, the probationary period will become one of the most important stages of the employment lifecycle. Used well, it can reduce risk, improve retention and set everyone up for success.
In short, a robust probationary period process creates a solid foundation for long term employment relationships. The employer gains confidence that they have the right person, and the employee gains confidence that they are in the right place.
Manage probationary periods with confidence
If you’re doing any of these then you need our toolkit.
Worried your probationary period process would not stand up to scrutiny? You are not alone; many employers feel unsure about whether they are doing enough during those first critical months. With the unfair dismissal qualifying period soon reducing to six months, probationary periods will carry far greater legal weight.
The “Managing the Probationary Period” toolkit is designed for employers and managers who want to get this right from the start. It provides clear, step by step guidance, practical templates and structured review tools to help you manage probation fairly, consistently and with confidence.
You get:
A ready to use Probationary Period Policy template.
A Probationary Period Review Form for mid and end point reviews.
Template letters for every key stage: mid-point review, end of probation review, confirmation of successful probation, extension of probation, and unsuccessful probation.
A short bite size training video for managers, explaining how to manage probationary periods effectively.
All documents are provided in Word format for easy customisation, and the guidance is straightforward to follow. In essence, it is everything you need to successfully manage each employee's probationary period, in one kit.
Replacing just one employee earning £25,000 can cost over £30,000, and upwards of £90,000 for three staff members, once you factor in recruitment, training and lost productivity. By investing in this toolkit, you equip your business to avoid bad hires turning into expensive mistakes.
Importantly, using the Managing the Probationary Period resource does not just protect you from risk; it also boosts employee performance. New hires will experience a more organised onboarding, regular feedback and fair treatment, making them more likely to succeed and stay.
Manage probation with confidence and peace of mind. If you employ staff, this toolkit is one of the simplest, most cost effective ways to reduce risk and improve outcomes during the most critical stage of employment.
For further reading
£4.5M Award for Dismissal During Probation | MFMac
https://www.mfmac.com/insights/employment/45-million-award-for-dismissal-during-probationary-period/
Employee with ADHD and PTSD awarded £4.5 million compensation after being dismissed for failing her probationary period
Miss Z Cox v HM Prison and Probation Service: 6002864/2024 - GOV.UK
Latest employment tribunal stats: claims are on the rise
2025 Tribunal Stats Confirm Continued Growth in Employment Claims - The AP Partnership
Managing the Probationary Period | The HR Hero
Disclaimer: Every reasonable effort is made to make the information accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by the author or publisher. If you are unsure about how this information applies to your specific situation, please seek legal advice.
