Probation periods: Guidance and tools for HR practitioners on effectively managing probation

Effective probation periods matter. Now more than ever. From 1 January 2027, under the Employment Rights Act 2025, the qualifying period for an employee to bring a claim for ordinary unfair dismissal reduces from two years to six months of continuous service.

This is effectively ‘backdated’ so that any new hire who starts work on or after 1 July 2026 will be able to claim unfair dismissal on 1 January 2027 - after just six months’ service. Anyone recruited after 1 January 2025 will also be able to claim unfair dismissal on or after 1 January 2027, with less than two years’ service.

This means that probation periods will become a crucial management tool for employers. HR practitioners will play a valuable role in ensuring that probation processes assess performance and successful completion of induction (or onboarding) activity prior to this six-month service. This change to the law also increases the importance of evidence-based probation processes and taking a more strategic approach to probation management. Effective probation processes will not only ensure legal compliance but will support organisational performance and productivity.

Use this guide and the tools to ensure your probation processes are not only legally compliant but also ensure the best outcomes to enable high performance from new starters.