A probation period can no longer be treated as a diary date followed by a brief conversation. Employers need clear expectations, regular reviews, useful records and timely decisions—well before January 2027.
What is changing?
Under the current rules, most employees need two years’ continuous service before they can bring an ordinary unfair dismissal claim.
The Employment Rights Act 2025 will reduce that qualifying period to six months from January 2027. The right to request written reasons for dismissal will also move from two years to six months.
Employees already have protection from certain automatically unfair dismissals from the beginning of employment. There is also no minimum service requirement for a discrimination claim. The new six-month threshold adds protection much earlier.
The Government says employers should prepare now: existing employees and recruits joining from July 2026 could be affected once the change takes effect.
- Two years’ service required today
- Six months’ service required from January 2027
- Written reasons for dismissal move to six months
- Automatically unfair dismissal protection applies from day one
- No qualifying period for discrimination claims
Does this mean probation periods are changing?
Not automatically. Probation is a contractual arrangement between employer and employee. It is different from the statutory qualifying period for unfair dismissal protection.
Employers can retain a reasonable three- or six-month probation. However, a six-month review that ends—or is extended—close to or beyond the new protection threshold will carry more risk than it does today.
Take a typical example: a delayed final review, informal concerns that were never put in writing, sparse records of the support offered, and a dismissal at the end. From January 2027, that employee may already have unfair dismissal protection at the point of dismissal.
In that scenario, the employer may need to demonstrate a potentially fair reason for dismissal, a reasonable investigation or assessment, a fair and consistent procedure, that the employee understood the concerns, that they had a genuine opportunity to improve or respond, and that the decision was within the range of reasonable responses.
- A potentially fair reason for dismissal
- Reasonable investigation or assessment
- A fair, consistent procedure
- Concerns the employee clearly understood
- A genuine opportunity to improve and respond
- A reasonable, evidenced decision
Simply saying the employee “failed probation” will not, by itself, make a dismissal fair.
Why employers should act before January 2027
Most probation problems are not caused by bad intent. They are caused by process weaknesses that go unnoticed while the two-year rule provides cover.
Inaccurate job descriptions, unclear expectations, avoided conversations, postponed reviews, vague feedback, undocumented support, mixed signals and unsupported extensions all create risk. They also make it harder to make a fair decision at the end of probation.
A better probation process identifies issues earlier and gives the employee a fair chance to succeed. That protects the business, supports the manager and improves the employee experience—regardless of the legal change.
Seven steps to strengthen your probation process
The following seven steps form a practical framework you can adopt now. Applied consistently, they give managers a clear route from offer to confirmation—and a defensible record if a probation dismissal is ever challenged.
1. Start with an accurate job description
Set out the responsibilities, reporting lines, decision-making authority, key outcomes and the behaviours expected in the role. An accurate job description gives the new employee something concrete to work towards and gives the manager a benchmark for review conversations.
2. Put probation terms in writing
Confirm the duration, notice period during probation, review process, any right to extend and the possible outcomes. Contractual clauses must match what actually happens in practice—a written right to extend probation is only useful if managers apply it in time and for a proper reason.
3. Set clear objectives during onboarding
Agree measurable objectives that reflect the role: competence and technical skills, quality of work, productivity, attendance, client service, communication, teamwork, compliance and conduct. Objectives should be specific, realistic, written down and time-bound so both sides know what “good” looks like.
4. Hold regular review meetings
Plan reviews from the outset—typically within the first two weeks, at one month, at months two and four, and a final review before probation expires. Record what has gone well, where support is needed and what happens next. Do not let the final review be the first honest conversation.
5. Address concerns promptly and clearly
Replace vague feedback with specific examples and the improvement you expect. Listen to the employee’s explanation and consider whether instructions, training, workload, health, disability or personal circumstances are part of the picture. Think about proportionate support and any reasonable adjustments before escalating.
6. Keep proportionate records
Record objectives, dates, examples, the employee’s response, support offered, improvement seen, review dates and any consequences discussed. Keep notes factual and professional, share them appropriately and handle them in line with your data-protection obligations.
7. Make the decision in time
Before probation expires, decide: confirm the appointment, extend probation for a justified and contractual reason, move into a formal capability or conduct process, or end employment following a proper procedure. Any extension needs a clear purpose, defined objectives and an end date. Check the legal and procedural risks before dismissing—especially where six months of service is close.
Common probation mistakes to avoid
Even organisations with good intentions repeat the same mistakes at the probation stage. Recognise them now and remove them from your process before January 2027.
Treating probation as exemption from employment law
Probation does not switch off day-one rights such as discrimination, automatic unfair dismissal, whistleblowing protection or contractual notice. It is a period of assessment, not a free trial without responsibilities.
Relying on the two-year rule
A process that depends on the current qualifying period stops working the moment the threshold changes. Build a process that would be defensible even if the employee already had unfair dismissal rights.
Extending probation at the last minute
A late extension often signals that reviews were skipped or concerns were avoided. Extensions should be planned, justified, agreed in writing and used to give the employee a genuine chance to improve.
Using vague or inconsistent standards
“Not quite the right fit” is not a fair reason for dismissal on its own. Concerns need to be tied to the role, the objectives and the standards applied to comparable employees.
Surprising the employee at the final meeting
If the first the employee hears of a serious concern is at the end-of-probation meeting, the process has already failed. Concerns should be raised, evidenced and discussed while there is still time to change the outcome.
A five-point probation health check
Use these five questions as a quick self-assessment. They surface the parts of your probation process most likely to be tested by the January 2027 change.
- Do our contracts clearly explain probation and any right to extend it?
- Do managers set written objectives for new employees?
- Are review meetings held consistently and on time?
- Do our records show concerns, support and agreed next steps?
- Are dismissal decisions reviewed for legal and procedural risks?
If the answer to any of these questions is no, now is the right time to improve the process.
Better probation is about more than legal compliance
A well-run probation period gives new employees clarity, honest feedback and a genuine chance to succeed. It reveals training gaps and recruitment issues while they can still be corrected.
It also recognises good performance sooner, builds manager confidence and prevents small concerns from turning into difficult employee-relations cases later on.
Getting ready for January 2027 is not just about avoiding tribunal risk. It is an opportunity to make one of the most important stages of the employee lifecycle work properly.
Authoritative guidance: GOV.UK employer guidance
Originally published 27 July 2026. This guide provides general information for employers and is not legal advice. Employment law and guidance can change; check current requirements and take advice on the facts of a live situation.