The UK Government is proposing changes to the qualifying period for unfair dismissal clams, and businesses will have to react. I'm anticipating an increase in the importance of businesses managing their probation periods, as a means of some protection against unfair dismissal claims.

With that in mind, here are my key recommendations on probationary periods.

Introduce a probationary period

If you don't already have a probationary period in your contract, then introduce this for new employees. It's common practice and new employees expect this.

Most employers use a period of between 3 to 6 months. 

Manage your probationary periods

Hold regular reviews during the employee's probationary period, to make sure they are on track with the training and progress.

It's an opportunity to recognise good performance as well as areas for improvement. 

In a 6 month probationary period, I'd recommend a one-month and three-month review, followed by a final review at six months. 

Raise issues promptly

If there are issues, or you have concerns, make sure these are raised quickly and not left until the end of the probationary period. Make sure the employee knows what your expectations are. 

Keep records

Make sure you document conversations that have taken place. It means that you won't have to rely on memory to recall these if needed.

If improvements have been agreed, make sure you confirm these in writing to the employee. Give them a clear timeline for improvement and offer support and training as needed. 

Probation period extensions

If things are moving in the right direction, but the employee hasn't quite reached the required standard by the end of their probation - extend. Don't forget to confirm this in writing to the employee and keep managing and reviewing! 

Dismissals

Sometimes it becomes clear that things aren't working out. In these cases, I'd recommend the clear conscience approach before dismissing – have you done everything you reasonably could have? Was the employee aware that they might be dismissed if they didn't improve?

It's worth noting that no dismissal is risk free, even with those who currently don't have the qualifying service for an unfair dismissal claim. Employees can still make claims for breach of contract - and more commonly discrimination - so be careful of the requirement to make reasonable adjustments.

If you'd like support in managing probation periods within your business then let me know by emailing This email address is being protected from spambots. You need JavaScript enabled to view it..