Why the Probationary Review Matters Now More Than Ever
For years, many organisations have treated probationary reviews simply as a box-ticking exercise, a short meeting at the end of a new starter’s introductory period. But with major shifts in UK employment legislation on the horizon, getting probation right is now essential to good people management.
What’s Changing in UK Employment Law?
Under current UK law, employees must complete two years’ continuous service before they can normally bring a claim for ordinary unfair dismissal. However, this is set to change from 1 January 2027:
The qualifying period for ordinary unfair dismissal will reduce to six months’ service.
Employees who already have six months’ service by 1 January 2027 will gain protection immediately; others will gain it once they reach six months.
The cap on compensatory awards for unfair dismissal (currently the lower of a year’s pay or about £118,000) will be removed entirely.
In practical terms, that means anyone employed from July 2026 onwards, and still in post by January 2027, will be eligible to claim unfair dismissal after six months, rather than after the old two-year threshold.
This represents one of the most significant shifts in dismissal risk for UK employers in decades. It signals a major tightening of employee protections and puts a spotlight on the probationary period as a strategic HR tool.
Why Probationary Reviews Are Now Critical
1. Reduce Legal Risk by Assessing Suitability Early
When the qualifying period drops to six months, the window during which employers can dismiss without ordinary unfair dismissal protection becomes much smaller. This compresses the time available to identify performance or conduct concerns before legal protection kicks in.
A well-structured probation review process helps you:
Identify performance gaps early
Provide feedback, coaching and improvement plans
Document performance conversations and decisions
Good documentation and clear outcomes are essential if that early termination later comes under legal scrutiny.
2. Support Culture Fit and Engagement
Probation isn’t just about ticking boxes; it’s where culture alignment really matters.
A probationary review helps you:
Clarify expectations about values, behaviours and team norms
Assess how the new hire is fitting with your organisational culture
Open honest two-way dialogue about the role and working environment
Identify early signs of disengagement or mismatch
When done well, probation reviews strengthen trust and reduce the likelihood that poor fit will damage team morale, a risk that is just as costly as legal exposure.
3. Improve Retention Through Feedback and Development
Rather than being a hurdle to clear, the probationary period should be seen as a developmental stage. Where employees receive clear, actionable feedback, you’re more likely to:
Build confidence and performance
Encourage early improvements
Retain high-potential hires
This aligns with modern HR best practice: probation is less about purging unsuitable hires and more about enabling success where possible.
4. Make Better Management Decisions, Faster
Under the forthcoming legal regime, employers will need to make dismissal decisions sooner than in the past. That means managers must be prepared, confident and fair in their handling of under-performance or conduct concerns.
A good probation process ensures you:
Act consistently
Follow fair procedures
Document evidence if things don’t improve
This not only reduces legal risk but also supports respectful, transparent treatment of staff which is good for engagement and reputation alike.
Practical Steps Businesses Should Take Today
To make the probation period really work for your organisation in this new era, consider:
Reviewing your probation policies and contractual clauses
Training managers on meaningful reviews and feedback
Embedding milestone check-ins throughout probation (not just at the end)
Ensuring performance concerns are documented and addressed promptly
Aligning probation expectations with your values and culture
With the qualifying period for unfair dismissal shrinking, probationary management is no longer optional, it’s a core part of good HR and risk management.
In Summary
As UK employment law continues to evolve, the probationary review takes on greater importance than ever before. It’s no longer just a formal milestone, it’s a strategic stage where employers can:
✔ Check performance and suitability against clear criteria
✔ Embed organisational culture and expectations
✔ Support new hires through structured feedback
✔ Mitigate legal risk before protections for unfair dismissal apply
By taking probation seriously, you don’t just protect your business - you cultivate better engagement, fairness and long-term success for the people you employ.
Need Support with Your Probationary Review Process?
If you don’t currently have a structured probationary review process, or you’d like support in ensuring your approach is legally robust and aligned with the upcoming changes to unfair dismissal rights, now is the time to act.
A well-designed probation framework can help you:
Apply fair and consistent decision-making
Reduce legal and financial risk as qualifying periods shorten
Equip managers to have confident, constructive performance conversations
Embed your values, behaviours and culture from day one
We can support you with:
✔ Reviewing and updating probation clauses and policies
✔ Designing structured probation review frameworks and templates
✔ Training managers on effective probation management and documentation
✔ Ensuring your processes are aligned with current and forthcoming UK employment legislation
Getting probation right protects your business and helps your people succeed.
If you’d like to discuss how Regent HR can support your organisation, get in touch today for a confidential conversation.
