Probation periods are often viewed as a routine part of onboarding, but they should be treated as a structured opportunity to assess whether a new employee is able to meet the standards required of the role. Used well, probation reviews help employers identify capability or conduct concerns early, provide meaningful support, and make informed decisions before issues become embedded.
From 1 January 2027, this process will become even more important. The qualifying period for ordinary unfair dismissal protection is due to reduce from two years to six months, meaning employers will have a much shorter period in which to assess suitability without the same level of unfair dismissal risk. For line managers, this means probation reviews can no longer be treated as a tick-box exercise or left until the end of the probationary period.
Why effective probation reviews matter
A probation period should give both the employer and employee clarity. For the employer, it is the time to assess whether the individual has the required skills, aptitude, attendance, behaviours and attitude to succeed in the role. For the employee, it provides an opportunity to understand expectations, receive feedback and ask for support where needed.
Effective reviews also create a clear record of the employer’s approach. If concerns arise, documented feedback, agreed actions and evidence of support will help show that the employee was treated fairly and transparently. This is particularly important where the concerns relate to capability, conduct or attendance.
The January 2027 unfair dismissal changes
Currently, most employees need two years’ continuous service before they can bring an ordinary unfair dismissal claim. From 1 January 2027, that qualifying period is expected to reduce to six months. The existing day-one protections, such as protection from discrimination and automatically unfair dismissal, will remain in place.
This means that dismissals at or after the six-month point will require employers to show a potentially fair reason and a fair process. For probationary employees, employers will need to be able to demonstrate that any decision not to confirm employment was based on clear evidence, reasonable expectations, and an appropriate process.
In practical terms, a six-month probation period may no longer leave enough time to raise concerns, provide support, review improvement and make a decision before unfair dismissal protection applies. Employers may therefore wish to review the length and structure of their probation periods, ensuring that review dates are scheduled early enough to allow meaningful action.
Practical steps for line managers
- Set expectations from day one. Employees should understand the role requirements, performance standards, behavioural expectations, attendance requirements, training obligations and review timetable.
- Schedule review points in advance. Managers should not wait until the final week of probation. Regular check-ins and formal reviews make it easier to identify concerns early and avoid surprises.
- Keep clear records. Notes of review meetings, feedback, objectives, support offered and agreed actions should be retained and shared with the employee where appropriate.
- Address concerns promptly. If performance, conduct or attendance concerns arise, managers should raise them at the time, explain the impact and agree what improvement is required.
- Provide support and training. Employees should be given a fair opportunity to succeed, including reasonable training, guidance, supervision and adjustments where appropriate.
- Review progress against evidence. Decisions should be based on objective information, not general impressions. Managers should consider examples of work, feedback, attendance, behaviour and any improvement made.
- Make timely decisions. Employers should avoid allowing probation periods to drift. Where employment is to be confirmed, extended or ended, the decision should be made and communicated clearly before key deadlines.
- Seek HR advice early. Where concerns may lead to dismissal, extension of probation, disability-related issues, absence concerns or potential grievances, managers should involve HR before taking action.
How Nockolds HR can help
Nockolds HR provides practical training for line managers on managing probation periods effectively, including how to set expectations, hold review meetings, identify capability and conduct concerns, document decisions and understand the impact of the upcoming unfair dismissal changes.
Employers should consider whether their contracts, probation policies and manager guidance remain fit for purpose in light of the shorter unfair dismissal qualifying period. This may include reviewing the length of probation periods, building in earlier review milestones, clarifying when probation can be extended, and ensuring there is a consistent process across the organisation.
It is also important to ensure that managers understand that employees on probation still have important employment rights. Decisions must not be discriminatory, retaliatory or linked to automatically unfair reasons. A fair, consistent and well-documented probation process will therefore be essential.
With the reduction in the unfair dismissal qualifying period from January 2027, now is the time for employers to review their probation processes and equip managers with the confidence to act early, fairly and consistently. Nockolds HR can support businesses by delivering tailored training, reviewing probation documentation and providing practical HR advice when concerns arise during the initial stages of employment. For more information reach out to our team of consultants.