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.

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Record keeping and what good evidence looks like

Managers must keep records of probation period activities. Notes and observations should be objective and factual.

What should be recorded?

The following processes should be recorded and maintained to demonstrate that probation has been managed fairly and consistently:

Targets, objectives or KPIs set during probation.
Performance against those targets and objectives.
Notes from one-to-ones and any formal or informal meetings that take place during the probation period.
Details of any support provided – this is especially important if there is evidence of underperformance.
A final review of performance and the decision taken.

Often these processes will be recorded in or managed through HR Information Systems. Where performance concerns arise, managers should formally document these, sharing them with employees and keeping a record of these discussions. Records should be maintained in accordance with relevant data protection legislation, as well as follow any organisation processes and policies.