Probation periods in practice and what the upcoming changes mean for employers
Probationary periods have long been used to assess whether a new appointment is working as expected.
They provide an opportunity for both the employer and employee to understand how the role is developing, to identify any areas where support may be needed, and, where necessary, to make a decision about whether employment should continue.
For many years, this has operated alongside a wider framework where employees required two years’ service before being able to bring an ordinary unfair dismissal claim. This has often allowed a degree of flexibility in the early stages of employment.
That framework is now changing, and with it, the context in which probation periods operate.
The Upcoming Change
With effect from 1st January 2027, the qualifying period for ordinary unfair dismissal is expected to reduce from two years to six months.
This will apply retrospectively. In practical terms, employees who have reached six months’ service by that date will be able to bring a claim.
For individuals joining from 1st July 2026 onwards, the six-month point will fall within what is commonly treated as the initial period of employment.
As a result, decisions that may previously have been made within a more flexible timeframe will now sit much closer to the point at which employment protections apply.
This does not remove the ability to manage probation periods, but it does place greater importance on how they are structured and how decisions are approached in practice.
What This Means for Probation Periods
Probation periods are not a legal requirement, but they remain a well-established and practical way of assessing suitability for a role.
The change in qualifying service does not alter their purpose. What it does is shorten the timeframe in which concerns may need to be identified and addressed.
In practice, employers may wish to consider:
Whether the length of probation remains appropriate for the role and allows sufficient time for a fair assessment
How performance and conduct are reviewed throughout the period, rather than at the end
Whether concerns are addressed as they arise, with appropriate support in place
How discussions, decisions and outcomes are recorded and communicated
It is also worth considering how contractual terms support this, including notice provisions, the ability to extend probation, and how policies apply during this period.
A structured and consistent approach becomes increasingly important where the timeframe for potential claims is shorter.
The Role of a Good Induction
The effectiveness of a probation period is closely linked to the quality of the induction process.
An employee’s ability to meet expectations is often influenced by how clearly those expectations have been set from the outset, and how well they have been supported to understand their role.
A well-planned induction helps employees to:
Understand the organisation’s policies, procedures, culture and values
Build early relationships with colleagues and key contacts
Gain clarity on their responsibilities and how their role fits within the wider business
Receive the training and guidance needed to perform effectively
From a management perspective, it provides a clearer and more consistent basis for assessing performance during probation.
Induction does not need to be complex, but it does need to be considered. This includes:
Allowing sufficient time for training and support
Ensuring training is delivered in a suitable and practical way
Providing access to key information and contacts
Keeping a clear record of what has been covered and when
It can also be helpful to tailor induction to the individual where needed, particularly where additional support or reasonable adjustments may be appropriate.
In many cases, a strong induction process will reduce the likelihood of issues arising later in the probation period and provide a more balanced and informed basis for any decisions that do need to be made.
Managing a Probation Period in Practice
A consistent approach to managing probation is often what makes the difference between a process that feels uncertain and one that supports clear decision making.
In practical terms, this will usually include:
Setting clear expectations at the outset, including standards of performance and behaviour
Holding regular review meetings, rather than relying on a single end-of-period discussion
Addressing concerns at the point they arise, with appropriate guidance and support
Allowing a reasonable opportunity for improvement where needed
Keeping records of meetings, actions and agreed outcomes
Where a decision is made not to confirm employment, it is important that the reasons are clear, that the approach taken is consistent with how similar situations are handled, and that any contractual or procedural requirements are followed.
Employers may also wish to consider how extensions to probation are managed, ensuring that any extension is clearly communicated, with expectations and timescales set out.
Webinar
We will be covering this topic in more detail in our upcoming webinar on 5 August 2026, focusing on how probation periods operate in practice and how to approach them as these legislative changes take effect.
The session will look at the practical steps businesses can take to ensure their approach remains clear and consistent as expectations develop.
View webinar details and register →
Final Thoughts
Probation periods continue to play an important role in managing new appointments.
As the legal framework develops, taking time to ensure they are structured clearly, supported by an effective induction process, and managed consistently in practice will help provide a more stable and confident approach to decision making.
We regularly work with managers to support them in handling probation periods in a clear and consistent way. This often includes helping to structure review processes, guiding conversations where concerns arise, and ensuring that decisions are approached in a way that feels fair and well supported in practice.
Where this is in place, probation tends to feel more straightforward to manage and provides a more reliable basis for deciding how employment should continue.