Preparing for Probation Changes – Act Now to Stay Ahead

As we approach important changes under the Employment Rights Act 2025, now is an appropriate time to review your current probation processes. With the qualifying service for unfair dismissal reducing to six months, it is essential that probation periods, review timelines, and processes are robust, clearly structured, and completed within the appropriate timeframe.

Below is a practical guide to help strengthen your approach and future-proof workforce management.

Shaping an Effective Probation Strategy

The Employment Rights Act 2025 reduces the qualifying service for unfair dismissal claims to six months. While probation periods remain contractual, current practices may present risk if not carefully managed.

For example:

  • A six-month probation period may extend beyond the point at which unfair dismissal rights apply
  • Delays in review meetings or extensions may unintentionally move employees beyond six months’ service

Probation Framework

Probation should be clearly communicated at the point of offer and throughout employment:

  • Confirm that employment is subject to successfully passing probation
  • Clearly state the length of the probation period in the offer letter and contract of employment
  • During induction, explain:
    • How probation will be monitored and reviewed
    • What meetings will take place
    • Performance expectations

Contractual Requirements

Under the Good Work Plan (2020), probation terms must be included in the contract of employment. This should outline:

  • Duration of the probation period
  • What will be assessed
  • Possible outcomes if performance is not satisfactory
  • Where company policies and procedures can be accessed
  • Training, induction, and support available during probation

Objective Setting

Clear objectives should be set early in the probation period:

  • Define expectations clearly and communicate them to the employee
  • Use structured methods such as SMART objectives
  • Review performance against these objectives at each probation meeting
  • Maintain documented evidence of performance

One-to-One Meetings

Regular one-to-one meetings are essential, particularly during probation:

  • Provide ongoing feedback and support
  • Address concerns promptly rather than waiting for formal reviews
  • Ensure the employee feels supported and clear on expectations

Managing Underperformance

Where concerns arise:

  • Clearly explain required improvements and expectations
  • Confirm how performance will be monitored
  • Provide support and guidance

At the final review meeting:

  • Confirm whether probation is passed
  • Where standards are not met, advise that probation may be extended or employment terminated

Managers should seek HR guidance where necessary to ensure procedures are followed correctly.

Formal Review Meetings

It is recommended that formal probation review meetings are scheduled as follows:

  • 2 months – initial formal review
  • 4 months – progress review
  • 5 months – final review and decision

This ensures decisions are made before the six-month qualifying period.

Employees should be formally invited to the final review meeting, with the purpose and possible outcomes clearly outlined.

Right to Be Accompanied

While the statutory right to be accompanied applies to disciplinary hearings, it is considered best practice to offer this right at a final probation review meeting where employment may be terminated.

Possible Outcomes

All outcomes should be formally recorded and retained on file:

  • Successful completion of probation
  • Extension of probation
  • Termination of employment due to not meeting role requirements

Extending Probation

An extension may be appropriate where:

  • There are concerns about suitability, but improvement is considered achievable

Best practice:

  • Extension period of 1–3 months
  • Implement a clear performance improvement plan
  • Set measurable objectives and review timelines

If required standards are still not met, a further review meeting should be held and termination may be considered.

Key Recommendation

To align with the reduction in qualifying service:

  • Review probation periods and structures
  • Ensure decisions are made by month 5
  • Maintain clear documentation of all meetings, performance discussions, and agreed actions

At Spectrum HR Solutions, we are supporting clients to review and update their probation processes ahead of these changes. Putting clear timelines, structured review points and consistent documentation in place now will help ensure you are prepared and protected. If you would like support reviewing your current approach, please get in touch with us.

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