You might be looking at the new unfair dismissal rules and thinking that probation periods have become pointless.
After all, if employees gain unfair dismissal protection after just 6 months from 1 January 2027, and most probation periods last 3 to 6 months, doesn’t the whole concept lose its teeth?
Actually, the opposite is true.
Probation periods are more important now than they have ever been.
Here’s why.
What’s changing
At the moment, employees can only claim they’ve been unfairly dismissed after they’ve been working in a job for 2 years. For you, as an employer, that gives you a long runway.
But from 1 January 2027, that runway disappears.
The qualifying period will drop to just 6 months. The statutory cap on unfair dismissal compensation is also being removed entirely. The financial risk of getting a dismissal wrong will go up significantly.
On top of that, discrimination, whistleblowing and other automatically unfair dismissal claims remain day-1 rights.
Why probation now matters more, not less
Under the old rules, probation was nice to have. If you dismissed someone after their probation period and your processes were informal or a bit sloppy, it was okay because of the 2-year qualifying period.
That safety net is gone. Probation is now your only structured window to assess someone, document concerns and act if the role isn’t working out. And you need to do all this before unfair dismissal rights kick in (at 6 months).
Without a watertight probation process, you’re flying blind. By the time you realise someone isn’t right, they may already have 6 months’ service and full protection. At that point, letting them go requires a fair reason, a documented process and a much higher burden of proof.
A well-run probation period prevents that situation.
What a probation process needs to look like now
Having a probation clause in the contract isn’t enough. The clause means very little without a real process behind it.
Here’s what that process needs to include:
- clear expectations set on day 1, including a proper job description, short-term goals and a training plan
- structured review meetings at regular intervals, not just a single conversation at the end
- honest, specific feedback when concerns arise, documented in writing
- a genuine opportunity for the employee to improve before any decision is made
- a written confirmation of the outcome, whether they pass, have probation extended or don’t continue
Every one of these steps creates a record. That record is what protects you if a decision is ever challenged.
Consider shortening your probation period
This might feel counterintuitive, but there is a strong case for reducing probation to 3 months rather than the traditional 6.
Why? Because a shorter probation forces earlier, more decisive action.
It means that managers can’t put off difficult conversations. It means that problems get identified and addressed quickly. And it still leaves you time to act before the 6-month qualifying period is reached.
If you allow a limited extension of, say, 1 month, you still have flexibility for borderline cases without drifting into the danger zone.
The key is that decisions about whether someone should stay in the role are made well before month 6, not at month 6 when it’s already too late.
Manager training is the part that gets missed
Many probation problems actually don’t start with the employee. They start with a manager who avoided a conversation, assumed the problem would sort itself out or didn’t realise how much the rules had changed.
If your managers, the ones running reviews and making calls on whether someone stays or goes, aren’t trained correctly, the best probation policy in the world won’t protect you.
Professional HR consultants can support you
We know it sounds like a lot to handle and an easy thing to get wrong. But that’s why we’re here.
We can review your current probation process, tighten your documentation and train your managers to handle the early months with confidence.
Now is the time to take action, before the new laws kick in.
Get in touch and we’ll help you to build something that works.