How to Manage Probationary Periods in 2025

What is a probationary period?

A probationary period is essentially a trial period at the beginning of employment. They usually last 3, 6 or 12 months - however, there is currently no specific legal definition or length. This is all about to change when the Employment Rights Bill 2024 comes into force, which we have been told will be no sooner than October 2026.

The Employment Rights Bill 2024 aims to repeal the 2 year qualifying period for unfair dismissal claims, meaning it will be a day 1 right to claim unfair dismissal. However, there are plans to allow a “light touch” process during an “initial period of employment”, essentially a probationary period. It is currently being suggested this could be up to 9 months.

Currently, if you have a probationary period you must refer to it in the statement of particulars (contract of employment), however, you do not have to have a probationary period.

Do we have to have a probationary period?

No, is the simple answer and up until this point my advice has been not to use probationary periods. Mainly due to language, the word probation doesn’t have positive connotations - it’s saying “you’re on trial” which isn’t a great message when your integrating a new person into your team.

However, that advice is changing. Details are still under consultation, but to avoid new starters being able to claim unfair dismissal from day 1 it looks like employers will need to be implementing probationary periods. Whether it has to be called that remains to be seen, even “initial period of employment” sounds better than probation!

Under the current system, employees are essentially on a 2 year probationary period, we don’t need to highlight that fact to them which allows us to be positive in the language of onboarding and welcoming them to the team and this has always been my advice to think of it this way rather than focusing on probation. Afterall, the majority of people join the team well and do a great job. That said, the problem with the current system, is it has allowed employers to get lazy about onboarding and setting expectations, knowing they have 2 years to decide if the person is working out.

What is the difference between a probationary period and on-boarding?

A probationary period is usually focused on the performance of the individual. A well designed probationary period will clearly state the performance expected by the end of the set period and that period is relevant to the job role. It is usually expected that there will be training needs during this time and that it will take the individual a period of time to settle into the role and reach the full expectations of the role.

Onboarding has a wider definition and it is the process of welcoming a newcomer to the organisation, it starts at the recruitment stage and should be planned to cover the first few months of employment. A probationary period should sit within a wider onboarding plan.

Successfully welcoming employees into the organisation is key to retention and ongoing performance and engagement. 28% of new hires leave in the first 90 days, many others will stay but with poor engagement and poor performance without a successful onboarding period. Ultimately the quicker new starters are welcomed and prepared for their role the sooner they will be able to deliver their role and meet the organisation’s needs.

How to make probationary periods work?

First, lets define what we mean by a probationary period working. For the organisation and individual, a probationary period that has worked also needs a successful onboarding. At the end of the period, you’ll see someone who is engaged, understands the mission of the organisation and is performing in line with it. And, if that’s not being achieved, we have performance based evidence to demonstrate why it’s not working and can therefore dismiss and will still be able to under the new legislation.

A successful probationary and onboarding period must have a structured plan, that is in writing, which is essential regardless of the size of the employer or team. The plan should consider the needs of all new starters and will have some general parts across the business and other parts limited to specific roles. It should start during recruitment with sharing accurate information about the organisation and it’s culture.

The plan should set out what information must be provided before the individual starts, the first day, first week, first month and may continue up to about 6 months depending on the nature of the job.

The onboarding period should consider:

Health/Safety and Culture basics

It is crucial that this one is written and regularly reviewed because it’s so key and most likely to be forgotten. This includes legally required safety information such as where the fire exits are as well as where the toilets are and where to make cup of tea - the things that will make someone comfortable right from the start. Then there is the culture, particularly around making tea! Is there a tea round? Who does that tea round? How do we know whether it’s tea, coffee, milk and sugar? which mug must definitely not be touched? It might seem I’ve lingered on this point but these cultural basics often are not shared with new starters and rely on people to “pick it up”. This can be hard for most people and there is always the risk we accidentally cause offence which can really harm settling into the team, for neurodivergent people who may struggle to spot social cues this is even more challenging.

Those of us who have settled within an organisation often fail to notice to unique language (including acronyms) that exist within an organisation - some to a larger degree than others. References to system names or processes will vary from organisation to organisation and therefore we should explicitly tell new starters this information if we want them to be part of the team quickly.

Introduction to the Job Role

In the early days, understanding what is expected of the job role is important as is ensuring the new starter can begin doing something and making an impact. Avoid spending the first week reading stuff without implementing anything, it can be easy as a manager to simply hand over a pack of reading material but without practical context and feeling like they’re achieving, this can be very demotivating.

This must be included in the “probationary” part, that is explaining clearly and specifically the expectations of the role including any ramping up of expectations during the early employment period and the training and support that will be provided.

Training and learning

There are many different types of training and learning to be provided when someone starts their role. There will be essentials like health and safety, data protections and cyber security. There may be specific training on the job role which should have been assessed and planned before the individual starts.

In larger organisations, cultural and organisational specific information may be shared in a formal induction training.

When we start a new job, everything is new, our brains are taking in a lot of information, so ensure that all training, learning and information sharing is spread out and allows for time to implement one thing before learning another or ways to refer back to information when it’s needed. Consider different learning preferences with particular consideration for those who are neurodivergent. Formal training programmes are useful to engage a group of people, where they can share, discuss and engage in the session. If you’re planning a full day of talks it may be better to break it down either with videos that people can access individually or a series of talks, say an hour a day over a period of time rather than all in one day. Videos can reduce the pressure on those giving the talks as one delivery can be used for multiple intakes and new starters can watch and rewatch as and when they need to. However, it will be essential to ensure it’s kept up to date, that new starters are actively given the time to watch and if relevant in person meeting also happens.

Other options for learning materials includes reading material, audio recordings, shadowing and demonstrations. It is important to factor in a variety to suit different learning preferences.

Individual Need

It is important that any onboarding and probationary plan is adapted to suit the needs for each individual. During recruitment and in the early days we should get a good understanding of the strengths and training needs of individuals so we can tailor onboarding plans.

If new starters have declared a disability we should discuss with them before they start and during the onboarding period any adjustments they need and consider how we can meet them. If the individual is not sure of what would help, as can often be the case with neurodivergent employees, a Workplace Needs Assessment can help to identify reasonable adjustments.

Reviewing the Probationary Period

Regular meetings and reviews are important throughout employment and even more so during the onboarding period. This will ensure questions and concerns from both sides can be ironed out quickly and prevent ongoing issues.

Individuals should be given feedback on their progress towards expectations during the probationary period. If they are not meeting expectations this should be raised quickly and it may be through redirection or additional training the issue can be resolved. These conversations should be recorded, particularly if there are concerns the individual will not meet the expectations.

If we discover this individual isn’t going to meet expectations, it may be that employment needs to be terminated, with any termination even in early employment, advice should be taken to avoid any risks.

Can the probation period be extended?

Yes, in short, however, consider whether this is the right action for the employee and the organisation.

If the employee has had a period of absence or other exceptional circumstance that has prevented an accurate assessment of their performance then extending the probationary period to make a fair assessment is the right thing to do.

Where an employee is taking a little longer to get up to speed than you expected but it is looking like they will get there, extending the probationary period is a good way to help ensure you have made the right decision. It gives the employee a little more time and recognises that they are likely to reach the expected standard, whilst at the same time sending a clear message that further improvement is still expected.

In circumstances where the employee has been given the relevant training and sufficient support but is just not reaching the desired standard then it may be better to dismiss at this stage rather than extend.

It is important that the employee has been given a fair opportunity and isn’t being discriminated against, there is no automatic right to dismiss simply because you call it a probationary period. Setting expectations and reviewing performance is important to ensure you’re clear on the reasons for dismissal.

There are times when it comes to light that the employee doesn’t have the skills you thought they did, or perhaps their attitude doesn’t fit the requirements of the business. Assess whether these things can change, speak to the employee and get their response to your concern. Ask yourself, whether the business is in a position to provide the training required. If it is not looking likely the employee will improve then this is the time to end the probationary period and dismiss.

If you are extending the probationary period, this should be done prior to the end of the period. A meeting should be held to review and a letter written to confirm the extension period being imposed. The contract should have made it clear that extension was possible.

How to dismiss someone on probation?

An employee with less than 2 years service is not able to bring an ordinary unfair dismissal claim at an employment tribunal. This does make it easier for employers to dismiss someone on probation or indeed during their first 2 years service and hence why a probation period may not even be necessary.

It is important to be aware that a dismissal at this stage is not entirely risk free, an employee could still bring a claim for automatic unfair dismissal - for example, if they are dismissed for a discriminatory reason or because they have asserted a statutory right. It is important to ensure that a dismissal is not for one of the protected reasons.

Your probationary review meeting notes will build a picture of the employee’s performance during the probationary period. It is this objective evidence that should be used to make a decision to dismiss. When discussing performance concerns, always stick to evidence and give examples. I’ll often hear an employer describe an employee as lazy, this is an opinion so we need to step back and ask “what examples of behaviour led to that opinion”, then focus on the examples.

An employee can bring a claim for wrongful dismissal if a contractual dismissal procedure is not followed, so always refer back to the individual’s contractual terms. You will be required to pay notice to avoid a wrongful dismissal claim, this being the very reason I recommend employers use short notice periods during probationary periods or the early months of service if not using a probationary period.

If you are looking to dismiss an employee always seek advice specific to the situation. Call 01245 910 500 today or book a call back for a Free Advice Call.

How do we mark the end of probation?

The end of the probationary period is often marked individually with the employee rather than highlighted to the team. It is, afterall, a personal issue relating directly to their performance. Some companies do choose to have end of probation celebrations, however do consider that this could highlight (by the lack of or timing of the celebration) publicly if an individual’s probation has been extended.

A simple letter to the employee confirming they have passed their probationary period, thanking them and wishing them well for the future in the organisation will suffice.

An employee who has failed probation will require a meeting to discuss their dismissal and a letter confirming the dismissal.

Article last updated: 23 January 2025