Guest Article: How should I manage probationary periods for new staff?

We're thrilled to share a guest article from HR advisor, Sarah Seastron of Clockwork HR. Please read on for Sarah's advice about probationary periods for new team members.

Probationary Periods and Changes in Qualifying Period for Unfair dismissal

Having a robust probationary process is even more important with the change in qualifying period for unfair dismissal coming into effect from January 2027. This is a major change in employment law. The qualifying period for unfair dismissal will reduce from 2 years to 6 months from 1^st January 2027.

A probation period is not just a date in the diary. It is a process, and it works best when both sides know how things are going throughout.

Many problems arise because performance or conduct is only reviewed properly when the probation end date is approaching. By then, concerns may have been building for weeks or months.

If those concerns have not been raised before, the employee can feel blindsided. That is difficult for them, and it can also make the employer’s position harder to manage.

In addition, from January 2027, if your probationary period is 6 months then making decisions around the 6 months service date may pose a risk to your business or organisation, especially if things aren’t quite working out with your new employee.

A more effective probation process starts with clear expectations from day one, regular check-ins, honest feedback, and documentation of what has been discussed.

Probation discussions should not contain surprises. By the time a final review takes place, the employee should already have a clear sense of what is going well, what needs to improve, and what support has been offered.

It is recommended that probationary periods are changed to 3 months due to this change in employment law. This change is to enable early assessment and management of employee performance, conduct and suitability for the role, and helping mitigate employment risks. Having a 3 month probationary period also allows scope to extend probation if needed before an employee’s 6 month service date.

The key is to make probation an active management process rather than simply a date at the end of an employee's first few months.

If you would like support reviewing your probationary periods, contracts or performance management processes in preparation for these changes, please contact me on sarah@clockworkhr.co.uk.