The Rising Importance of Probationary Periods

From 1 January 2027, the law on probationary periods will shift dramatically. The long‑standing two‑year qualifying period for ordinary unfair dismissal will be replaced with a new threshold: employees will gain the right to claim ordinary unfair dismissal after just six months’ continuous service.

This means that existing staff together with anyone who joins your organisation on or after 1 July 2026 will be protected by the time the new rules take effect if they are still employed. As a result, probationary periods will move from being a useful HR tool to becoming a critical organisational safeguard.

If your business has been treating probation as a formality, now is the time to rethink that approach.

Why probationary periods will matter more than ever

Probationary periods allow employers to assess performance, conduct and capability before long‑term employment rights apply. Under the new regime, they become your primary opportunity to identify concerns and take action before the six‑month mark.

A well‑managed probationary period enables employers to:

• Set clear expectations from the outset
• Monitor performance against objective criteria
• Identify training or support needs early
• Address concerns promptly and fairly
• Make informed decisions about confirmation, extension, or termination
• Reduce the risk of unfair dismissal claims

However, these benefits only materialise when probationary periods are structured, proactive, managed consistently and properly documented.

The importance of the paper trail

From 2027 onwards, documentation will be one of the strongest defences available to employers. Prepare for the fact that any dismissal could end up being litigated. The expansion of unfair dismissal rights will inevitably lead to an increase in Employment Tribunal claims.

You should ensure that managers keep - and your organisation retains:

• Notes of all probationary review meetings
• Written objectives and expectations
• Records of any concerns raised
• Evidence of support, coaching, or training offered
• Written confirmation of decisions and outcomes

A clear paper trail demonstrates that decisions were fair, reasonable, and based on evidence. Without documentation, employers are exposed to unnecessary risk.

Build in structured review points

One of the most common pitfalls is allowing probationary reviews to drift. Absence, annual leave, or operational pressures often mean that reviews can get postponed. Before you know it, the employee is approaching six months’ service with no formal assessment on record.

Under the new rules, this is a serious vulnerability.

To avoid this, employers should:

• Set formal review points (for example, at weeks 4, 8, and 12)
• Schedule them in advance and commit to them taking place
• Use consistent templates to guide discussions
• Ensure managers understand the importance of timely reviews
• Avoid “default confirmation” simply because time has passed

A three‑month review is particularly important, whether that is the final probationary period decision point or just a part way review. If concerns exist, this is the moment to extend probation before the employee reaches the six‑month threshold.

Review your current probation practices

With the legal landscape changing, now is the ideal time to review your existing probationary arrangements. Many organisations forget about the ongoing need to assess suitability or at worst, disregard the reference to probationary periods in contracts of employment altogether.

Consider the following:

• Does your organisation clearly set out the purpose and structure of a probationary period?
• Are review points defined and mandatory?
• Do managers understand their responsibilities?
• Is there a clear process for extending the probationary period?
• Do you have templates for setting expectations and recording concerns?
• Are HR involved early enough when issues arise?

If the answer to any of these questions is “no”, it may be time to review your approach or introduce a new one altogether. A well‑designed probationary framework will help ensure consistency, fairness, and legal compliance across the organisation.

Train your managers

Even the best policy will fail if managers do not understand how to implement it.

Managers need to be confident in:

• Setting clear expectations from day one
• Giving constructive, timely feedback
• Documenting concerns appropriately
• Conducting fair and structured review meetings
• Managing underperformance early
• Making defensible decisions about confirmation or extension

This is not simply an HR issue. It is a business‑wide responsibility that requires consistent capability across all management levels.

Support available for your organisation

To help employers prepare for the upcoming changes, we offer a focused training session for management teams which covers:

• The legal changes coming into force on 1 January 2027
• How to run effective probationary periods
• Structuring and documenting review meetings
• Managing underperformance early and fairly
• Avoiding the common pitfalls that lead to claims

This two-hour session is designed to be practical, engaging, and immediately applicable to real‑life scenarios.

If you’d like support reviewing your probationary practices or want to book the manager training session, please contact us.