What probation is, and isn't
No law requires a probation period. It comes from the employment contract or your policy. It's a period to support a new starter, check the job is right for both of you, and deal with problems early. It doesn't remove employment rights.
Why it matters more from January 2027
For dismissals on or after 1 January 2027, employees can bring an ordinary unfair dismissal claim after six months' service, down from two years. A six month probation now runs right up to that point. Plan reviews so you reach a decision well before six months, and run a fair process throughout.
Remember that discrimination, whistleblowing and some other claims need no qualifying service at all.
Set it up properly on day one
- Explain how long probation lasts and how it works.
- Agree three to five clear objectives and what good looks like.
- Book the review dates in now.
- Make sure they have the training, tools and introductions they need.
A simple review rhythm
- End of week 1: how are you settling in, and what do you need?
- Month 1: early progress against objectives, and honest feedback both ways.
- Month 3: a formal mid point review. If there are concerns, say so clearly, in writing, with the support you'll give and the improvement you need.
- Before month 6: the final review and decision.
If it isn't working
- Raise concerns early. Nobody should hear about a problem for the first time at the final review.
- Give specific examples, a fair chance to improve and real support.
- Consider whether health, a disability or something outside work is playing a part, and whether adjustments would help.
- Use an extension if your contract or policy allows it and there's a realistic chance of success.
- If you decide to end employment, hold a meeting, let them be accompanied, explain the reasons, confirm it in writing and offer an appeal.
Confirming success
When someone passes, say so, in writing and in person. It's a moment that builds loyalty, and it's often forgotten.
Want your managers confident in these conversations?
The Manager Capability Training walks managers through absence, conduct, performance, flexible working and more, with real scenarios and a certificate at the end.
Common questions
Is probation a legal requirement?
No. It comes from the contract or your policy, and employees keep their legal rights during it.
When should probation end?
From 1 January 2027, aim to reach your final decision before six months' service, when ordinary unfair dismissal protection starts.
Can I extend probation?
If the contract or your policy allows it and there's a realistic chance of success. Explain why, in writing.
How much notice is due if someone fails probation?
At least the statutory minimum of one week once they have worked for one month, or more if the contract says so.
References: GOV.UK, Employment Rights Act 2025 implementation; Acas, Probation periods; GOV.UK, Notice periods.