Getting Probation Right – Why It Matters More Than Ever

Following the passing of the Employment Rights Act in December 2025, it sees significant changes to employment rights, with one of the most significant changes being to the qualifying period for unfair dismissal claims from two years down to six months. 

This therefore means that the way organisations manage probation periods is becoming increasingly critical, with the shift significantly shortening the window in which employers can assess suitability with reduced legal risk, placing greater emphasis on structured and proactive performance management from day one.

Why Probation Periods Need a Renewed Focus

Probation has always been a key stage in the employee lifecycle, but under the new legislation, it effectively becomes the primary opportunity to make informed decision about the long-term suitability of new employees. If concerns around performance, conduct or capability are not identified and addressed within the first six months, employers may face increased exposure to claims and reduced flexibility in managing underperformance.

Role of Regular Check-ins

Consistent and meaningful check-ins are essential during probation. These allow line managers to have regular structured conversations with new employees, with clear objectives:

• Performance tracking – assess progress against the role requirements and defined expectations.
• Early issue identification – address concerns before they escalate.
• Training and development – Identify gaps and implement support quickly.
• Employee engagement – Provide clarity feedback and reassurance.

Regular dialogue ensures there are no surprises during formal probationary meetings or at the end of the probationary period and creates a clear audit trail demonstrating that concerns have been raised and addressed appropriately.

Setting the Right Probation Period

Employers should carefully review the length of their probation periods in light of the six-month threshold. A standard six-month probation may no longer provide sufficient flexibility if issues arise late in the process and consideration should be given to:

• Whether a shorter initial probation period, (e.g. three months) with a defined extension option is more effective.
• Building formal review points, e.g. 1, 3 and 5 months.
• Ensuring any extension can be completed within the six-month timeframe, where possible.

This approach allows time to properly assess performance while retaining the ability to act before full employment protections apply.

Using Extensions Effectively

Extensions should not be a last-minute reaction but a planned part of the probation framework. Where performance falls short, but improvement is achievable, an extension:

• Provides a clear improvement period with defined objectives.
• Demonstrates fairness and commitment to development.
• Strengths the employer’s position should employment not be confirmed.

However, it is important that any period of extension is supported by documented evidence, clear expectations and goals, and subject to ongoing review.

Key Takeaways

Extensions should not be a last-minute reaction but a planned part of the probation framework. Where performance falls short, but improvement is achievable, an extension:

• Provides a clear improvement period with defined objectives.
• Demonstrates fairness and commitment to development.
• Strengthened the employer’s position should employment not be confirmed.

However, it is important that any period of extension is supported by documented evidence, clear expectations and goals, and subject to ongoing review.