Probation Periods: How to Make the Process Work Properly

Most probation failures do not happen at the final meeting. They happen in the months before it - when nobody explained what good performance looked like, when feedback was avoided to keep the atmosphere easy, or when a difficult conversation waited until there were five days left to act on it. The six-month unfair dismissal qualifying period from January 2027 makes this pattern more expensive. A failed hire already costs management time, recruitment spend and momentum; a poorly handled exit can add legal risk as well. Fixing it is not simply a legal question. It is a management one.

The problem is rarely the existence of a probation policy. A six-month probation period can look perfectly sensible on paper and still fail if the day-to-day management is weak: expectations stay vague, early feedback is avoided or the first serious conversation happens a week before the end date.

We think the better question is not simply, “How long should probation be?” It is, “What does someone need to know, do and demonstrate before we can make a fair decision?” Once you start there, the policy becomes much easier to write and the conversations become much easier to have.

A good probation process sets expectations early, checks progress regularly, records what has been agreed, gives support where it is needed and makes the final outcome unsurprising. That is the thread running through Acas guidance and the practical examples below.

What is a probation period actually for?

Acas defines a probation period as time at the start of employment to check whether someone is suitable for a job. It works both ways: you assess performance, skills and fit, and the employee gets to decide whether the role and organisation are right for them.

That two-way point matters. Employee probation is sometimes treated as a one-sided test where the new starter proves themselves to the business. In practice, new people are also learning whether their manager gives useful feedback, whether the role matches what they were sold and whether they can succeed with the systems, training and time available.

A probation period should therefore sit alongside induction and performance management, not replace either of them. Acas says the processes are likely to overlap and should work together. If the onboarding is poor, it is hard to judge performance fairly. If expectations move halfway through the period, the review becomes a test the employee did not know they were sitting.

The law is changing, but probation itself is not

The Employment Rights Act 2025 does not create a statutory probation period. Acas is clear that employers still do not have to use probation and can choose its length. The significant change is ordinary unfair dismissal: from 1 January 2027, protection will generally apply after six months of employment rather than two years.

That change is already relevant to hiring decisions. Anyone who reaches six months' service on 1 January 2027 will gain the protection from that date. Acas and current government reform guidance are telling employers to prepare now and to consider how contractual probation periods will work once the six-month qualifying period is in force.

The practical shift is simple: probation can no longer be treated as a calendar reminder. It needs to be a management process.

What should a good probation process include?

The best probation processes are usually quite ordinary. Clear expectations. Regular conversations. Notes that make sense. Support when something is not working. A decision based on evidence rather than the feeling in the room on the final day.

• Before day one. Put the probation terms in the written statement or contract. Make the length, notice provisions and possible outcomes clear.

• Week one. Agree the role priorities, objectives, behaviours and mandatory training. Make sure the employee knows how success will be judged.

• During probation. Use informal check-ins and structured reviews. Give feedback while there is still time to act on it.

• If performance slips. Name the gap clearly, ask what is getting in the way, agree support and record the next review point.

• Before the end date. Decide whether there is enough evidence to pass, extend or consider dismissal. Do not let the period expire by accident.

• Final review. Explain the outcome and reasons. Confirm the result in writing, including any changed terms or an extension plan.

Probation reviews should not save everything for the end

Acas describes probation reviews as formal checkpoints. It recommends regular formal reviews, a final review and informal check-ins in between. The point is to look at progress, give constructive feedback, discuss wellbeing and training needs, and let the employee raise concerns. The final outcome should not be a surprise.

We would rather see three useful conversations with short notes than a complicated form completed once. The manager needs enough evidence to explain the decision, but the documentation should follow the conversation, not become a substitute for it.

Case study: Liquid Personnel changed what happened before probation failed

CIPD's case study of recruitment business Liquid Personnel is a useful example because the response to early attrition was not a tougher final probation meeting. The company looked at learning and development. Exit interviews had identified gaps in training and progression, and the business built new programmes with stronger manager involvement.

Operations Director Stuart Ward described the change plainly: the company had previously accepted that some new-starter attrition was unavoidable, whereas it came to expect people to pass probation. That is a good reminder that repeated probation failures can be a recruitment, induction or management problem, not simply a string of bad hires.

How do you set fair expectations during employee probation?

A probation policy can only take you so far. The manager still has to translate it into the actual job. “Meet expectations” is not a useful standard unless the employee knows what those expectations look like in practice.

Acas recommends setting out targets and objectives, attendance expectations and mandatory training, while also tailoring probation to the role and circumstances. A technical hire may need longer to become productive. A part-time employee may need review timings adjusted. Hybrid working can change how quickly a manager sees someone operate. Consistency does not mean pretending every role is the same.

A practical first-review agenda

• What has gone well so far, with specific examples?

• Where is performance below the agreed expectation?

• Is the expectation itself clear and realistic for this stage?

• What training, context, access or support is missing?

• What does the employee think is getting in the way?

• What needs to happen before the next review, by when, and who owns each action?

The sentence we would avoid is “we just need to see a bit more”. More of what? By when? What evidence would change the decision? If you cannot answer those questions, the employee probably cannot either.

When should you extend a probation period?

An extension makes sense when there is a real reason to believe more time, training or support will allow a fair decision. Acas says employers should set clear conditions for extensions, confirm them before the original probation period ends and update the employee's written statement within one month. The extension plan should set out its length, review points, performance expectations, training and possible outcomes.

An extension is less useful when it is simply postponing a decision everyone has already made. If there is no realistic improvement to assess, another three months can create frustration for the employee and more management time for the business.

Case study: Village Bakery and reasonable adjustments during probation

The 2024 Employment Tribunal judgment in Mr I Stanley v The Village Bakery (Wrexham) Limited (case no. 1602387/2023) is a clear example of why probation cannot be separated from equality duties. Mr Stanley was registered blind and was dismissed during his probation. The tribunal found several failures to make reasonable adjustments, including not giving him a longer probation period to adjust to an unfamiliar role and work location, and it upheld his complaint of unfavourable treatment arising from disability in relation to the dismissal.

The point is not that disability automatically requires an extension. It is that a standard process can become unfair when the circumstances are not standard. Acas makes the same practical point: employers must make reasonable adjustments for disabled employees and should avoid discrimination when handling absence or extensions.

What if someone is not going to pass probation?

Dismissal during probation should not feel like a shortcut around management. Acas says dismissal should be a last resort and employers should first consider steps such as performance management or extending probation where appropriate. If dismissal does happen, the employer should follow a fair procedure, give reasons in writing and provide the correct notice.

Short service also does not remove every legal risk. Discrimination, whistleblowing and breach of contract can all matter during a probation period. From January 2027, ordinary unfair dismissal protection after six months adds another reason to make the evidence and process stronger.

Case study: Betancourt v United Kingdom Research and Innovation [2025] EAT 148

The Betancourt litigation is useful for a different reason: it shows why the words in the contract and probation policy matter. Mr Betancourt's contract provided for a six-month probationary period and five weeks' notice during probation, but it did not contain a payment-in-lieu-of-notice clause. UK Research and Innovation dismissed him with immediate effect and paid five weeks' pay. The Employment Appeal Tribunal held that the immediate dismissal was wrongful because the contract did not permit payment in lieu of notice. However, no compensation was due because the employer could lawfully have terminated the contract on five weeks' notice and had already paid the equivalent salary.

We would take a simple lesson from that. Do not copy a probation policy from somewhere else and assume the contract says the same thing. Check the probation length, notice, extension wording, review commitments, appeal process and what happens if employment ends before the planned final review. The documents need to work together.

What should a probation policy include?

Acas recommends that a probation policy covers who it applies to, how long probation lasts, review points, performance and conduct expectations, training, pass criteria, extensions, the final review, possible outcomes, appeals and record keeping. That is a good base. For a growing business, we would also make the manager's responsibilities explicit, because that is where many processes become inconsistent.

• Purpose and scope. Who is covered and what probation is designed to assess.

• Length and flexibility. The normal period, any role-specific variation and when absence may affect timing.

• Review rhythm. Formal checkpoints plus informal manager check-ins.

• Success criteria. Role objectives, behaviours, training and any job-specific standards.

• Support. How training, mentoring and reasonable adjustments are identified and agreed.

• Extensions. Who can approve them, when they are appropriate and how they are confirmed.

• Outcomes. Pass, extend or dismissal, including notice and any appeal route.

• Records. What managers should record, who receives copies and how information is kept in line with UK GDPR.

How JourneyHR can help

Probation sits across recruitment, onboarding, performance management, employee relations and documentation. That is why fixing one form rarely fixes the whole process.

We work with founder-led businesses to build probation processes that managers can actually use. That can include reviewing contracts and probation policy wording, setting a practical review rhythm, creating manager templates, improving onboarding, coaching managers through difficult feedback and supporting a fair decision where performance is not improving.

Our Onboarding, Induction + Probation support includes goal setting, regular check-ins, feedback and structured final reviews. Where a probation issue has already become more sensitive, our Employee Relations team can support the performance or capability process and help managers understand the next step.

Get in touch: Onboarding, Induction + Probation or contact JourneyHR.

Final thought

A probation period is not very useful if all the work happens at the end of it. The businesses that handle probation well tend to make the important things visible early: what the job requires, what the employee needs, what is going well and what needs to change.

With unfair dismissal protection moving to six months from January 2027, there is a legal reason to review the process. But we think the better reason is simpler. A clear probation process gives a new employee a fair chance to succeed and gives the business a much better basis for whatever decision comes next.

FAQs

How long should a probation period be in the UK?

There is no statutory length for a probation period in the UK. Acas says probation is not legally required and can be any length. Many employers use three to six months, but the period should fit the role. Technical or specialist jobs may need longer, while the process should still include regular reviews rather than waiting for the end date.

Do employees have employment rights during probation?

Yes. A probation period does not switch off employment rights. Day-one protections include minimum wage, paid holiday, discrimination protection, whistleblowing protection and the right to join a trade union. From 1 January 2027, ordinary unfair dismissal protection will generally apply once an employee reaches six months of service.

How often should we hold a probation review?

Acas recommends regular formal probation reviews, a final review and informal check-ins throughout the period. There is no single statutory timetable. A practical approach is to set review points in advance so concerns can be raised while there is still time for training, support or a change in performance before the final decision.

Can we extend an employee probation period?

Yes, if your contract and probation policy allow for it and the extension is handled fairly. Acas advises confirming the extension in writing before the original period ends, setting the new review points and expectations, and updating the written statement within one month. Consider reasonable adjustments and discrimination risks where absence or disability is relevant.

Can we dismiss someone during their probation period?

Yes, but probation is not a legal exemption from fair treatment. Acas says dismissal should be a last resort, with performance support or an extension considered where appropriate. Employers should follow a fair process, give written reasons and the correct notice. Discrimination, whistleblowing and contractual rights can still create claims during probation.