"I've extended the probationary period twice, but the employee still isn't working out. Can I terminate their employment?"

This is a question I'm asked regularly by business owners and managers.

My first response is usually another question:

"How long has the employee worked for you?"

At the moment, if the answer is less than two years, I know that an unfair dismissal claim is unlikely. I will then ask a series of questions about the process that has been followed, the support the employee has received, and whether there is any potential risk of a discrimination claim. After a relatively short conversation, I can usually advise on the safest and most appropriate next steps.

However, from 1 January 2027, the law on unfair dismissal will change. The qualifying period for unfair dismissal claims will reduce from two years to six months, giving employers a much shorter window to assess whether a new employee is right for the role.

For businesses, this means that repeatedly extending probationary periods is no longer going to be an option. Instead, employers will need to make effective use of the probationary period and manage performance proactively from day one.

So, what should employers be doing?

1. Get recruitment right from the start

The best way to avoid probationary issues is to recruit the right person in the first place.

Your recruitment process should be designed around the requirements of the role. Interview questions should test the knowledge, skills and behaviours that are essential for success, rather than simply confirming the information the candidate has already given you on their CV.

Where possible, complete pre-employment checks before the employee starts. References may not tell you everything, but they can still provide valuable insight and help you make a more informed recruitment decision.

2. Plan a structured induction

A well-planned induction does far more than welcome a new employee.

It provides a clear roadmap of the training, support and knowledge they need to become competent in the role. It also helps managers identify appropriate milestones and schedule review meetings to monitor progress.

Without a structured induction, it becomes much harder to determine whether an employee has genuinely had the opportunity to succeed.

3. Hold regular probationary review meetings

When businesses are busy, probation reviews are often one of the first things to slip. This is where when problems begin, the employee is not clear they are underperforming and the manager is doing nothing to address it.

Even a 15-minute check-in can make a significant difference. It gives the employee reassurance that they're on the right track or, if there are concerns, it provides an opportunity to address them early before they become bigger issues.

Where improvements are needed, make your feedback specific. Explain what isn't meeting expectations, discuss the support available, agree clear objectives, and set a date to review progress.

Early conversations are easier than difficult conversations several months down the line.

4. Keep on top of deadlines and document discussions

One of the most common reasons probationary periods are extended is because review meetings haven't happened when they should have.

Three months quickly becomes four, then five, and suddenly the manager reaches the end of the probationary period without having properly assessed the employee's performance.

That's not fair on the employee, and with the forthcoming change in unfair dismissal rights, employers will have much less flexibility to delay decisions.

Using an HR system or even a simple diary reminder can help ensure review meetings take place on time, actions are recorded, and important deadlines aren't missed.

5. Don't wait until the end of probation to raise concerns

The final probation review should never be the first time an employee hears that there are concerns about their performance, attendance or conduct.

Managers should provide regular feedback throughout the probationary period, so employees understand how they're progressing and have a genuine opportunity to improve.

Likewise, if everything is going well, don't skip the final review meeting. Employees know they're on probation and will naturally expect confirmation that they have successfully completed it.

A simple conversation can reinforce positive performance and help build engagement from the outset.

So, can you dismiss at the end of probation?

Potentially, yes but it should never be an automatic decision.

Before terminating employment, you should take advice to ensure you've followed a fair process and to identify any potential legal risks, particularly where discrimination or other statutory rights may be relevant.

A short conversation (with your trusted HR consultant!) at the right time can often prevent a much bigger issue later.

Final thoughts

The first few months of employment are some of the most important in the employment relationship.

With the qualifying period for unfair dismissal claims will reduce to six months from 1 January 2027, employers will need to make timely decisions and ensure managers are confident in handling probationary periods effectively.

A well-managed probation process isn't simply about deciding whether someone is right for the role it's about giving them every reasonable opportunity to succeed while protecting your business if the employment ultimately doesn't work out.

My next free training session for managers and business owners will run on 13 August 2026 at 10am. Click Here to sign up: https://www.eventbrite.co.uk/e/1991908606262?aff=oddtdtcreator

If you would like to chat about your HR needs and how to get prepared for the forthcoming changes in legislation then please feel free to get in touch for a free initial 20 minute chat.  Email:  alison@bellhr.co.uk