Probation Periods: How to Manage Them Properly From Day One
Probation periods can be one of the most useful tools an employer has when bringing somebody new into the business.
They give you time to assess whether the employee is right for the role, identify any training or support they need and deal with concerns before they become bigger problems.
But simply putting somebody on a three or six-month probation period is not enough.
A good probation period needs clear expectations, regular conversations and proper records.
If an employee reaches the end of their probation and you are only then raising concerns about their performance, something has probably gone wrong with the process.
What is a probation period?
A probation period is a contractual period at the beginning of employment during which the employer can assess a new employee's performance and suitability for the role.
At the same time, it gives the employee an opportunity to settle into the business, understand what is expected of them and receive the training and support they need.
Probation periods commonly last between three and six months, although employers can decide how their own arrangements will operate, provided the appropriate contractual and statutory requirements are followed.
Different contractual terms may apply during probation too.
For example, there may be a shorter notice period or access to certain contractual benefits may begin only after the probation period has been successfully completed.
Where different terms apply, they should be made clear to the employee from the outset and included within the employment contract.
Why use a probation period?
Starting a new employee always involves an element of uncertainty.
An interview can tell you a great deal about somebody, but it cannot tell you exactly how they will perform once they are doing the job every day.
A structured probation period gives both sides time to establish whether the appointment is working.
Probation should therefore be seen as an active management process rather than simply a date in somebody's contract.
Employees still have employment rights during probation
It is important to remember that being on probation does not mean an employee has no employment rights.
Statutory rights such as National Minimum Wage, statutory sick pay and protection from discrimination apply regardless of whether the employee has completed their probation period.
Probation is essentially a contractual arrangement between the employer and employee. It does not override employment law.
At present, employees generally require two years' continuous service before they can bring an ordinary unfair dismissal claim, with that qualifying period reducing to six months from January 2027.
That can give employers greater flexibility when dealing with an employee who is not suitable during their probation period, but employers should still act carefully and consider whether any other legal issues could arise.
Put a probation policy in place
If you use probation periods regularly, it is a good idea to have a clear Probation Policy.
This gives your managers a consistent process to follow and reduces the risk of one employee having a completely different experience from another simply because they report to a different manager.
A policy can explain when probation periods are used, how long they normally last, when reviews should happen and what happens if concerns arise.
It should also explain who is responsible for making the final decision at the end of the probation period.
Plan probation before the employee starts
A good probation period begins before the employee's first day.
Under section 1 of the Employment Rights Act 1996, the employee's written statement or contract should include details of any probation period that applies, including its duration and any conditions attached to it.
So the business needs to decide how probation will operate before the contract is issued.
Once that has been agreed, think about what the employee will need during their first few months.
Having this plan ready means you can explain the process clearly when the employee joins.
Hold an initial probation meeting
When the employee starts, arrange a meeting to discuss how their probation period will work.
This should not feel like a warning meeting.
It is an opportunity to give the employee clarity.
Explain what you expect from them, what support they can expect from you and how their progress will be reviewed.
The first formal review can take place relatively early, for example after the employee's first week.
At this stage, it is useful to agree their targets and objectives, discuss expected standards of conduct and work, and identify any immediate training requirements.
Starting these conversations early means there should be fewer surprises later.
Schedule regular probation review meetings
Do not wait until the final week of probation before formally discussing how things are going.
The number of reviews needed will depend on the length of the probation period, the complexity of the role and how much training the employee requires.
A three-month probation period for a relatively straightforward role may require fewer reviews than a six-month probation for a technical or senior position.
The intervals between reviews do not necessarily have to be identical either.
What matters is that they happen often enough to provide useful feedback and allow concerns to be addressed.
What should you discuss at a probation review?
Each review should look both backwards and forwards.
You want to understand how the employee has performed since the previous meeting, but you should also agree what needs to happen next.
Remember to keep a written record of these meetings.
That record is valuable for the employee because it gives them clear feedback, and for the employer because it demonstrates what was discussed and what support was offered.
What if the employee is not performing well?
If it becomes apparent that the employee is not meeting the required standard, do not avoid the conversation.
Explain what the concerns are and what needs to change.
The employee should understand that they are still within their probation period and that failing to reach the required standard could mean their probation is extended or their employment is terminated.
The important thing is that this should not come as a complete surprise at the final review.
If you have concerns in month two, raise them in month two.
Give the employee clear examples, explain what improvement is required and record the support you are providing.
The final probation review
At least a week before the probation period ends, arrange a final probation review meeting.
The meeting gives you an opportunity to consider the employee's performance across the whole probation period.
Discuss whether they have achieved the targets and objectives that were agreed, whether there are any remaining areas for improvement and whether there have been challenges that affected their performance.
You should also consider the support and training that the business has provided.
At the end of the meeting, there are usually three possible outcomes.
If probation is extended, schedule another review before the extended period ends rather than simply allowing the new date to arrive without further discussion.
The final outcome should then again be confirmed in writing.
How long should a probation extension be?
An extension should have a purpose.
It should not simply be used because a manager is unsure what decision to make.
If more time is genuinely needed, explain what the employee still needs to demonstrate and what support will be provided during the extended period.
Keeping the overall probation period below six months is generally advisable where possible.
Most importantly, check that the employment contract actually allows the probation period to be extended.
A probation period should not be a surprise at the end
The best probation processes are usually the least dramatic.
The employee knows what is expected.
The manager gives feedback.
Training needs are addressed.
Concerns are raised when they arise rather than stored up.
And by the time the final review takes place, both sides should have a fairly clear idea of the likely outcome.
Problems tend to arise when probation is treated as little more than a diary reminder for three or six months' time.
Used properly, it is an opportunity to help a new employee succeed while giving the business a structured way to assess whether the appointment is working.
If your current probation process consists of putting a clause in the contract and hoping somebody remembers to review it later, it may be time to put a clearer structure in place.
HR support can help you introduce practical probation policies, review forms and processes that your managers can actually use.
Need help improving your probation process?
Whether you need a probation policy, support managing a difficult probation period or a wider review of your employment documentation, Swan HR can help.
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