The way businesses manage probation periods is about to change, and if you haven’t reviewed your process recently, now is the time. With the UK government introducing new employment rights from day one, it’s never been more important to ensure your probation process is both compliant and effective.

Many companies overlook probation as a simple formality—a box-ticking exercise before confirming permanent employment. But in reality, a well-structured probation process is a powerful tool to set expectations, provide support, and protect your business from poor hires. Let’s explore why reviewing your probation policies is essential right now and how to create a process that works.

What’s Changing? Day-One Employment Rights

Planned changes to employment law mean that employees will gain more rights from their very first day of work. While the exact details are still unfolding, we already know that key areas such as unfair dismissal, flexible working, and family-related leave are being strengthened.

This shift puts even more emphasis on the probation period as a critical time for employers to assess new hires. Previously, businesses relied on the fact that employees needed two years of service before they could claim unfair dismissal, making it easier to part ways with underperforming employees early on. With enhanced day-one rights, businesses need a structured and well-documented probation process to ensure that decisions around extending or terminating employment are fair, justifiable, and legally sound.

What This Means for Employers

• Higher risk of legal challenges – Employers must have clear evidence and processes if they choose to end employment during probation.
• Stronger need for structured feedback – Vague reasons for dismissal won’t be enough; businesses need a documented process with measurable performance criteria.
• More emphasis on early decision-making – Employers must be proactive in addressing concerns rather than waiting until the end of probation to act.

Why Most Companies Get Probation Wrong

Even without the pressure of employment rights from day one, an effective probation period is absolutely key. However, many businesses see probation as a passive period rather than an active process. In reality, an ineffective probation system can lead to:

• Poor performance slipping through – Without structured reviews, underperformance may go unnoticed until it’s too late.
• Legal and financial risks – Failing to follow a fair and consistent probation process increases the likelihood of wrongful dismissal claims.
• Low employee engagement – Without clear expectations and support, new hires can feel lost, disengaged, or overwhelmed.

Common probation mistakes can include:

• No formal structure – Simply assuming probation will “work itself out” without defined checkpoints.
• Vague performance expectations – If employees don’t know what success looks like, they can’t meet expectations.
• Lack of feedback – Employees only hear about issues at the end of probation, giving them no chance to improve.
• Failure to document – Without written records of discussions and performance, employers may struggle to justify dismissal decisions.

Remember, if you don’t conduct a formal probation review, the employee automatically passes—whether that was your intention or not.

What a Strong Probation Process Looks Like

A great probation process isn’t just about checking boxes—it’s about setting new hires up for success while protecting the business. Here’s how to create a probation framework that works:

1. Clear Probation Terms in Employment Contracts

Ensure your contract explicitly states:

• The length of probation (typically 3-6 months).
• Performance expectations and key deliverables.
• The process for reviews and feedback.
• Any differences in notice periods during probation.

2. Set Clear Performance Goals

Define what success looks like for the role. Goals should be:

• Specific – Clearly outline responsibilities and expected outcomes.
• Measurable – Use KPIs where possible to assess performance objectively.
• Time-bound – Set milestones throughout the probation period.

3. Structured Checkpoints and Reviews

Rather than waiting until the end of probation to assess performance, introduce formal checkpoints:

• Week 1: Initial expectations and role overview.
• Month 1: Early feedback, training needs, and any initial concerns.
• Midway Check-in: Progress review with clear next steps.
• Final Review: Decision on whether to confirm, extend, or end employment.

4. Consistent and Constructive Feedback

Make feedback a two-way street:

• Praise what’s going well – Reinforce positive behaviours and achievements.
• Address issues early – If something isn’t working, discuss it promptly.
• Ask for feedback from the employee – Their insights can help improve onboarding and support.

5. Document Everything

Every review and discussion should be recorded to:

• Provide a clear record of expectations and feedback.
• Support any decisions to extend or terminate probation.
• Protect the business from potential legal disputes.

Beyond Compliance: Why a Great Probation Process Benefits Everyone

While the legal landscape is changing, a robust probation process isn’t just about risk management—it’s about building a stronger, more engaged workforce.

Benefits for Employers

• Reduces hiring mistakes by assessing new employees early.
• Boosts employee retention by providing structured support.
• Strengthens workplace culture by setting clear expectations from day one.

Benefits for Employees

• Gives them clarity on what’s expected in their role.
• Helps them feel supported through regular check-ins.
• Provides a fair and transparent process for performance evaluation.

Time to Take Action

With employment rights evolving, businesses can no longer afford a “wait and see” approach to probation. Reviewing and refining your probation process now ensures:

• You stay legally compliant.
• You identify and address underperformance early.
• You create a positive, structured onboarding experience that sets employees up for success.

Take a look at your current probation policies—do they truly protect and support both your business and your employees? If not, now is the time to make a change.

If you need help on any of the issues in this blog, please get in touch for further assistance.