The UK government is currently debating significant changes to workers' rights, with a key proposal being a statutory nine-month probation period. This potential extension is seen as a compromise for businesses to counterbalance Labour’s push to grant employees unfair dismissal rights from day one. If this amendment is passed, it will dramatically change how employers manage new recruits, making it more difficult to dismiss employees without a proper process.

Many businesses have tended to rely on the two-year qualifying period for unfair dismissal claims, allowing flexibility in managing underperforming staff. However, this safety net may soon disappear, making it even more critical that probation periods are properly structured and actively managed.

Are Employers Already Ignoring Probation Policies?

In reality, many businesses are guilty of not properly managing probation periods. Too often, employees "drift through" without any formal confirmation of passing probation—if they’re still in the role after three or six months, it’s simply assumed that they’ve passed. This casual approach will no longer be viable if a statutory nine-month probation period is introduced.

Employers will need to up their game, as the proposed legislation will probably require them to prove that they followed a structured process if they wish to dismiss someone within the probationary period. This is likely to include:

• A clear probationary policy outlining expectations and assessment criteria.
• Structured performance reviews at regular intervals (e.g., at 3, 6, and 9 months at the very least).
• Adequate training and coaching to give employees a fair opportunity to succeed.
• Formal warnings and documentation if performance is unsatisfactory.

Failing to follow a structured process could open businesses up to legal challenges and costly tribunal claims, especially if the unfair dismissal protection is granted from day one as proposed.

Line Managers Will Play a Key Role

Many businesses leave probation management to HR or senior managers, but with a nine-month statutory probation period, the responsibility must shift to line managers. They will be the ones working most closely with new employees and must take ownership of:

• Setting clear expectations from day one.
• Providing structured inductions, training, and mentorship.
• Regular weekly/monthly progress catch-ups to discuss training and support requirements
• Monitoring progress through measurable goals and milestones.
• Holding difficult conversations when employees are not performing.
• Documenting all interactions to provide a clear performance record.

Line managers will need to understand that poor probation management could lead to costly unfair dismissal claims, and that their actions—or inactions—could have serious legal and financial consequences for the business.

Businesses Need a Strategic Approach

To prepare for these changes, organisations should start by developing a comprehensive probation strategy that includes:

• A robust probation policy aligned with best practice and future legal requirements.
• Training for managers in recruitment, onboarding, and performance management.
• A structured framework for setting and assessing employee objectives.
• Formal review points throughout the probation period.
• Coaching and mentoring systems to support new employees effectively.

Although the new legislation is unlikely to come into force for at least 12 months, forward-thinking organisations should begin preparing now. Having a robust and structured probation management strategy is already best practice, but it makes good business sense anyway as it ensures that new employees are supported, developed, and given the opportunity to perform to their full potential.

At HR Champions, we provide comprehensive training solutions to equip managers with the skills they need to manage probation periods and performance management effectively. Our training covers:

• Operational aspects of recruitment, onboarding, and inductions.
• Coaching and mentoring techniques to support employee success.
• Setting and monitoring tasks, goals, and milestones.
• How to handle challenging conversations with underperforming staff.

With the introduction of a nine-month statutory probation period, businesses will no longer have the luxury of waiting two years to make decisions about employee performance. Instead, proactive performance management will be essential—and the time to start upskilling managers is now.

Get ahead of the curve—contact HR Champions today to ensure your managers are fully equipped to handle the upcoming changes and maximise employee performance from day one. Contact HR Champions on 01452 331331, complete the contact form to discuss your .