Still Using Six-Month Probation Periods? Now Is the Time to Act

An employee joining your business today will reach six months' service on 11 December 2026. Just a few weeks later (on 1 January 2027) they will gain unfair dismissal rights.

This means decisions about suitability for the role will need to be made earlier and probation managed more proactively than ever before.

Yet many businesses are still operating with six-month probation periods that haven't been reviewed for years.

In reality, many managers know within the first few months whether someone is likely to be successful.  The challenge isn't identifying concerns.  It's acting on them.

My advice? Now is the time to act.

The problem isn't the law change

The law change is simply exposing a weakness that already exists. Too many organisations treat probation as a waiting period rather than an active management process. 

• Managers spot concerns but don't raise them.
• Reviews are delayed because everyone is busy.
• Feedback is softened to avoid difficult conversations.
• Decisions are postponed because there might be improvement "with a little more time".

Suddenly six months have passed and nobody is quite sure whether the employee is genuinely meeting the required standard. Probation was never designed to work like that.

Why six months is becoming too long

Previously, six-month probation periods made sense. They gave organisations plenty of time to assess performance, behaviour and attendance before employment rights became a significant consideration. But with unfair dismissal rights beginning after six months' service, many businesses will be left making critical decisions at exactly the point legal risk starts to increase.

For most organisations, I would recommend reducing probation periods to three or four months. 

Not because managers should rush decisions.

Because they should be making them sooner.

A shorter probation period creates urgency, encourages earlier conversations and helps ensure concerns are addressed while there is still time to act.

The probation mistakes I see most often

The issue is rarely the probation period itself.

It's how it's managed.

😬 Delaying difficult conversations

Managers often know there is a problem long before they address it.  The longer concerns are left, the harder they become to resolve.

🗣️ Giving mixed messages

Employees hear "You're doing really well, but..." and leave believing everything is fine.  Clear feedback is kinder than false reassurance.

📅 Missing review dates

Probation reviews get postponed because operational priorities take over.  Before anyone realises, the probation period is nearly over.

🤞 Relying on potential rather than evidence

Managers focus on what someone might become rather than what they are delivering today.

⚠️ Raising concerns for the first time at the final review

Nothing damages trust more quickly than a surprise outcome.  The final probation meeting should confirm a decision, not introduce one.

What strong probation management looks like

Good probation management isn't harsh.

It's structured.

Effective managers:

🎯 Set clear expectations from day one

📋 Explain what good performance looks like

🗣️ Raise concerns when they arise

🤝 Provide appropriate support and guidance

📅 Hold regular probation reviews

⚡ Make evidence-based decisions before probation expires

Most importantly, they don't leave suitability decisions until the last minute.

Three actions you can take this week

You don't need to wait for January 2027 to prepare.

📄 Review your contracts of employment

Check your current probation periods and whether they still reflect the reality of the changing employment landscape. Update your probation period to 3 or 4 months. 

📅 Audit upcoming probation reviews and Review the Process

Are reviews happening when they should?  Are managers documenting concerns, actions and outcomes? Are reviews properly scheduled? Does feedback happen often enough? 

🎓 Build manager capability

The success of your probation process depends far more on management confidence than policy wording.  Make sure managers know how to set expectations, hold reviews and make evidence-based decisions. Our Managing Probation with Confidence e-learning course helps managers build the confidence and skills to set expectations, hold effective reviews and make evidence-based decisions.

The reality check

The biggest risk isn't the legal change.

The biggest risk is waiting six months to decide whether someone is right for the role.

Businesses that act now will be better prepared for the upcoming reforms, make better hiring decisions and address issues earlier.

That's good for employees, Managers and business performance.

Need support reviewing your contracts, updating your probation process or building manager confidence?  Get in touch to talk through how I can help you. 

Our new Managing Probation with Confidence e-learning course gives managers the practical tools to set expectations, hold effective reviews and make fair, evidence-based decisions.