The biggest probation period mistake? Waiting until the end to say there’s a problem

You recruit someone new. They seem great at interview, they’ve got the right experience and you’re optimistic they’ll be a brilliant addition to the team.

A few weeks in, they’re great, a real help to the team already. A couple of months go by and you start having doubts.

Maybe their work isn’t quite at the standard you expected. They’re struggling to pick things up. Their timekeeping isn’t great. Or perhaps there’s nothing dramatically wrong, but you’re beginning to wonder whether they’re really the right fit.

You mention a couple of things informally.

You decide to give them a little more time.

After all, they’re new.

And then suddenly their probationary period end date is next week.

Cue the call to HR:

“Their probation ends on Friday. Can we just extend it?”

Or:

“We’ve decided they’re not right for the role. Can we end their probation?”

Sound familiar?

For small and medium-sized businesses, probationary periods can be incredibly useful. They give you a structured period in which to make sure the role, employee and business are the right match.

But they only really work if you manage the probationary period rather than simply wait for it to end.

Probationary period isn’t a six-month waiting room

One of the biggest misconceptions about probation is that the review at the end is the important bit.

It shouldn’t be.

A good probationary process starts on day one and continues throughout the employee’s first few months.

That doesn’t mean creating lots of paperwork or turning every conversation into a formal HR meeting.

It means having regular conversations about how things are going.

What are they doing well?

Where do they need more support?

Are expectations clear?

Is there anything getting in the way of their performance?

What needs to improve?

ACAS recommends holding regular probationary reviews rather than waiting until the end. This gives you an opportunity to identify concerns early, provide feedback and put additional support or training in place where it’s needed.

It also means the final probationary review meeting shouldn’t contain any nasty surprises.

“But I wanted to give them a chance…”

This is something we hear from managers all the time.

And it usually comes from a good place.

Nobody wants to knock the confidence of a new employee who is still finding their feet. So when something isn’t quite right, managers can be tempted to wait.

Let’s give them another couple of weeks.

They’re still learning.

Maybe they’ll improve.

Giving someone time to settle in is absolutely reasonable.

But giving someone time without telling them what needs to change isn’t particularly helpful to either of you.

If you’re concerned about someone’s performance, tell them.

Be kind, but be clear.

Instead of:

“You need to improve your communication.”

Explain what that actually means.

For example:

“I need you to respond to customer enquiries within one working day and keep the team updated if you’re going to miss a deadline.”

Now your employee knows what good looks like.

You can offer support, agree what needs to change and review progress at the next meeting.

That’s much fairer than waiting until month six and announcing that they haven’t met expectations they didn’t fully understand.

So, can you extend someone’s probationary period?

Potentially, yes.

There can be perfectly sensible reasons for extending a probationary period.

Perhaps the employee has had a significant period of absence and you haven’t had enough time to properly assess them.

Perhaps they’ve made progress, but you’d like a little longer to see whether they can consistently meet the required standard.

Or perhaps they need additional training or support.

But don’t treat an extension as the automatic answer whenever you’re unsure.

First, check the employee’s contract and your probationary policy.

Then ask yourself:

·      Why are we extending it?

·      What specifically needs to improve?

·      What support will we provide?

·      How long does the employee reasonably need to demonstrate that improvement?

·      When will we review it again?

ACAS advises that any extension should be agreed and confirmed before the original probationary period ends.

So don’t discover on Monday morning that someone’s probation actually expired last Friday.

Diary reminders are your friend!

What if they’re simply not right for the role?

Sometimes, despite everyone’s best efforts, it doesn’t work out.

Probation exists partly to establish that.

But “they’re on probation” doesn’t mean you should simply tell someone to pack up their things and leave.

Employees still have employment rights during their probationary period.

If you’re considering dismissal, look at the reason, what the employment contract and policies say, the process you’ve followed and whether the employee is entitled to notice.

You should also be particularly careful where there could be issues involving discrimination, pregnancy or maternity, whistleblowing, health and safety, trade union activities or other areas where employees may have legal protection regardless of their length of service.

If you’re unsure, get advice before having the conversation.

An employment law change in January 2027 that businesses should have on their radar now

There’s another reason to review your probationary period process now.

From 1 January 2027, the qualifying period for ordinary unfair dismissal protection is due to reduce from two years to six months, under the Employment Rights Act 2025.

That does not only matter for people employed from January 2027 onwards. It also affects anyone who started work from 1 July 2026, because by 1 January 2027 they will already have reached six months’ service and therefore be able to bring an ordinary unfair dismissal claim.

For businesses that routinely use a six-month probationary period, that’s significant.

In other words, this is not a change employers can safely leave until the new year.

Summer 2026 starters may be the first group to reach the new six-month threshold, so employers should be thinking now about how those probationary periods are being managed, documented and reviewed.

ACAS has acknowledged that some employers may want probationary periods to finish before an employee reaches six months’ service, but is clear that doing so doesn’t avoid the legal risk.

But simply changing a six-month probationary period to five months isn’t going to solve poor probation management.

If anything, managers will need to become better at having early conversations, setting expectations and addressing concerns promptly.

It’s also worth remembering that extending someone’s probation doesn’t extend their statutory rights timeline. Probationary periods and unfair dismissal protection are legally separate, so if someone reaches six months’ service partway through an extended probation, they gain unfair dismissal rights regardless of where they are in your internal process.

So if your employment contracts have contained the same six-month probationary period clause for years, now is a good time to review both the wording and what actually happens in practice.

A simple probationary process for busy managers

Probation management doesn’t need to be complicated.

A simple structure can work extremely well:

·      Week one: Set expectations. Make sure the employee understands their role, priorities and what success looks like.

·      First month: Check how they’re settling in. Discuss what’s going well and identify any early support or training needs.

·      Mid-probation: Have a proper review. Give specific feedback and address any concerns clearly.

·      Throughout probation: Don’t save feedback for formal meetings. If something needs addressing, talk about it when it happens.

·      Before probationary peiod ends: Decide whether you’re going to confirm employment, extend probation where appropriate, or consider ending employment.

And importantly, put the review dates in the diary from the beginning.

Don’t leave it to someone’s memory.

If there’s a problem, start with three questions

If you’re managing someone during their probationary period and things aren’t going quite as you’d hoped, ask yourself:

1. Have I clearly explained what I expect?

2. Have I told them specifically where they’re falling short?

3. Have I given them a reasonable opportunity and appropriate support to improve?

If the answer to any of those is “no”, that’s probably where you need to start.

Probationary periods should work both ways

It’s also worth remembering that probation isn’t only about the employer deciding whether the employee is good enough.

Your new employee is making a decision too.

They’re working out whether they like the role, their manager, the culture and your business.

How you manage their first few months tells them an enormous amount about what working for you is going to be like.

Clear expectations, regular feedback and supportive conversations don’t just help you manage poor performance.

They help good employees succeed.

And ultimately, that’s what a good probationary period should be designed to do.

Don’t wait until the final probationary period review meeting to decide whether someone is succeeding. Use the probation period to help them succeed in the first place.

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Disclaimer: this content is provided for general guidance and does not constitute legal advice. Always seek professional HR or legal advice for your specific circumstances.