Top 10 tips for managing probationary periods

Probationary periods are not defined in law and there is no obligation to include them in employment contracts, but they are standard in most organisations.

In practice, however, they are often poorly managed: concerns are not addressed promptly, and employees can pass their probation without any meaningful assessment. This significantly reduces their value. Employers should treat probationary periods as a structured process, with clear objectives, regular check-ins, and timely decisions on confirmation, extension or termination.

Effective use of probationary periods will become more important from 1 January 2027, when the qualifying period for unfair dismissal protection reduces from two years to six months under the Employment Rights Act 2025 (“ERA 2025”). After six months’ service, dismissals for performance or conduct will require a full and fair process. Coupled with the forthcoming removal of the cap on unfair dismissal compensation, the risks and potential cost of getting it wrong will increase. A well-managed probationary period therefore provides a critical window to assess suitability and address issues before full procedural protections apply.

Our top tips on managing probationary periods are:

1. Review the length of your probationary periods 
   Keep the probationary period short enough to assess performance and serve notice before 6 months’ service. We generally recommend 3-4 months, with limited ability to extend to up to no more than 5 months.
   
   
2. Set clear expectations 
   Have a comprehensive induction which makes clear the role and standards at the outset and explains what to expect from the probationary period.
   
   
3. Meet regularly and consistently
   Use weekly check-ins and monthly reviews to monitor progress and address issues early.
   
   
4. Be mindful of “day one” rights
   Remember that there are claims, including unlawful discrimination under the Equality Act 2010, which do not require any minimum period of qualifying service and so can arise during the probationary period. Such rights need to be considered before taking any action.
   
   
5. Involve HR early
   Encourage managers to flag concerns promptly so that HR can guide the process, advise on “day one” rights and ensure consistency.
   
   
6. Give clear, timely, and constructive feedback
   Address any performance or conduct concerns early and clearly with specific examples, targets for improvement, and supportive guidance.
   
   
7. Document everything
   Keep clear records of discussions, feedback, and support provided.
   
   
8. Track timelines and act in good time
   Diarise key dates and ensure notice is issued sufficiently in advance of the 6 month qualifying threshold. Remember there are specific rules around notice and the effective date of termination for the purposes of calculating qualifying service to bring an unfair dismissal claim.
   
   
9. Train managers 
   Provide training to managers on the changes under the ERA 2025 and on the probationary process to help managers confidently handle difficult conversations around underperformance.
   
   
10. Consider templates and tools to support the process  
    Providing guidance, templates, and checklists can help save time, reduce risk and maintain consistency. 

If you would like any further advice concerning probationary periods, updating your templates or training managers, please do not hesitate to get in touch with your usual contact in our Employment team. To keep up to date on the changes under the ERA 2025, please see our hub.

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