The Employment Rights Act 2025 is set to bring one of the biggest changes to dismissal rights in decades.

From January 2027, employees are expected to gain protection from unfair dismissal after just six months’ service, replacing the current two-year qualifying period.

For employers, this means there will be a much shorter timeframe to assess whether a new hire is the right fit for the organisation. Recruitment, onboarding and probation processes will therefore become more important than ever.

Organisations that fail to properly manage probation periods could find themselves facing increased legal risks, performance issues and difficult employment decisions much earlier in the employment relationship.

Why Probation Periods Are About to Become More Important

Many employers view probation as a routine administrative process.

Review meetings are often delayed, feedback is given informally, and probation periods can pass without any meaningful assessment taking place.

However, with unfair dismissal rights expected to apply after six months, employers will need to ensure probation periods are used effectively.

A structured probation process allows employers to:

• Set clear expectations from day one
• Monitor performance and conduct
• Provide support and training where needed
• Identify concerns at an early stage
• Give employees an opportunity to improve
• Make evidence-based decisions about ongoing employment

Most importantly, it helps create a positive employee experience and gives new starters the best possible chance of success.

Probation Starts Before an Employee’s First Day

Preparing for the upcoming changes is not simply about reviewing your probation policy.

The entire employee journey should be considered, including:

Recruitment and Selection

Effective probation management starts with hiring the right people. Recruitment processes should accurately assess skills, experience and suitability for the role.

Contracts of Employment

Contracts should clearly set out the length of the probationary period and any right to extend probation where necessary.

Job Descriptions and Expectations

Employees need to understand exactly what is expected of them. Clear objectives make performance assessments far more straightforward.

Induction and Onboarding

A structured induction helps employees settle into their role quickly and understand the standards expected of them.

Manager Capability

Managers play a crucial role during probation. They need the confidence and skills to provide feedback, manage performance concerns and document conversations appropriately.

Performance Management Processes

Probation should form part of a wider performance management framework, with regular check-ins, clear objectives and documented outcomes.

Questions Every Employer Should Be Asking

As we move closer to 2027, employers should consider whether their current processes are fit for purpose.

Ask yourself:

• Are probationary periods clearly set out in contracts?
• Do managers understand their responsibilities during probation?
• Are review meetings taking place regularly?
• Are objectives agreed from the outset?
• Are concerns identified and addressed promptly?
• Is feedback documented consistently?
• Do you have a clear process for extending probation where appropriate?
• Are decisions to confirm, extend or terminate employment properly recorded?

If the answer to any of these questions is “no”, now is the ideal time to review your arrangements.

Use Our Probation Process Readiness Checklist

To help employers prepare for the upcoming reforms, we have created a Probation Process Readiness Checklist.

The checklist covers:

• Recruitment and selection
• Contracts and probation clauses
• Onboarding and induction
• Probation review meetings
• Managing performance concerns
• Extending probation
• Confirming employment
• Ending employment during probation
• Manager capability and training

Download the Checklist

To identify any gaps in your current processes and prioritise improvements before the new rules take effect.