Probation Support

Probation is your clearest opportunity to address concerns early. We make sure you use it properly, with structured check-ins, clear documentation, and the right process if things are not working out.

Why probation matters more than ever

Under the new Employment Rights Act, employees hired from 1 July 2026 will have unfair dismissal protection from six months of service, from January 2027. This is a significant change from the previous two-year qualifying period.

For businesses used to having a long runway to decide whether a new hire is working out, the runway has shortened considerably. A probation period with no structure, no documented check-ins, and no written record of concerns is a riskier position than most employers realise.

 

What a good probation looks like

A well-run probation period includes: clear objectives set at the start, regular structured check-ins (we recommend at least monthly), written records of every significant conversation, honest and timely feedback when concerns arise, and a formal review at the end with a clear outcome.

The check-ins are not optional formalities. They are your evidence if you ever need to defend a dismissal decision. If it is not written down, it did not happen.

 

If it is not working out

If concerns arise during probation, raise them early and in writing. Do not wait until the end of the period and hope the situation resolves itself. Early, honest conversations are easier to have and easier to defend than conversations that have been avoided for weeks.

If the decision is to end employment during probation, the process still matters. We will guide you through it step by step, making sure the outcome is fair, documented, and defensible.

 

Extending probation

You can extend a probation period, but the employee must be informed and must agree. We advise on the right way to handle extensions, including the paperwork involved and the conversations to have.

Common Questions

Does probation give me unlimited time to dismiss someone?
What should I do if I have concerns during probation?
Can I extend a probation period?
What if an employee passes probation without me noticing?

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