As HR consultants in Suffolk, here’s our advice on handling probation periods fairly and protecting your business.
Bringing a new person into your team is exciting. You’ve invested time and energy in finding the right fit, imagining how they’ll contribute to your business’s success. But what happens when it becomes clear that your new hire isn’t meeting expectations during their probation?
It’s a situation many business owners face – and it can be uncomfortable. You want to be fair, but you also need to protect your business. The good news is that probation periods are designed to give you flexibility and clarity, as long as you handle them properly.
What probation really means for your business
Probation isn’t a legal requirement, but it’s a widely used contractual trial period that benefits both you and your employee. It provides:
- Flexibility on notice periods: Typically one week instead of a month, allowing you to make quick decisions if needed.
- Delayed benefits: Certain benefits, such as private healthcare, can start only after probation.
- Legal protection: Employees still have statutory rights from day one, including minimum wage, holiday pay, and protection from discrimination.
So while probation gives you breathing space, it still requires fairness and compliance.
Getting probation right from the start
A strong probation process sets both you and your new hire up for success. Here’s what to focus on:
1. Set clear expectations
Provide a job description with measurable goals for the first three months. Explain what good performance looks like in your business and how success will be assessed.
2. Get onboarding right
A structured induction is vital. Introduce key team members, explain processes, and provide any necessary training. If you’ve done this well, and issues still arise, you’ll know it’s likely not your process that’s the problem.
3. Review regularly and document everything
Check in weekly at first, then move to monthly as they settle in. Keep written notes of progress, issues, and agreed actions. These records protect you and provide clarity if problems continue.
4. Give them a fair chance to improve
If underperformance appears, don’t ignore it. Find out what’s behind it – unclear expectations, training gaps, or confidence issues. Offer support and ask what they need to succeed. This gives them a fair opportunity to improve and shows you’re acting reasonably.
When it’s still not working
Sometimes, despite your best efforts, a new hire just isn’t the right fit. Here’s how to handle that confidently and fairly.
Consider extending probation
If you need more time to assess, and your contract allows, extend probation – usually by one month. Put this in writing with clear reasons and measurable goals for improvement.
If dismissal is necessary
Even during probation, follow a fair process to reduce risk:
- Invite them to a meeting in writing.
- Explain your concerns clearly and give them a chance to respond.
- Confirm your decision in writing, including notice period.
- Offer a right of appeal – good practice even if not legally required.
Why it matters to prepare now
The upcoming Employment Rights Bill (expected 2026–27) may introduce day-one protection from unfair dismissal. Strengthening your probation processes now means you’ll be ready for those changes, with a system that’s both fair and compliant.
Protecting your business for the future
Putting a clear process in place helps you manage people confidently while avoiding legal or reputational risks. Here’s what to prioritise:
- Document your probation process clearly.
- Train your managers to conduct reviews and handle issues early.
- Address problems quickly and consistently.
We can help
Managing a new hire who isn’t quite right doesn’t need to be stressful. With the right process in place, you can handle these challenges calmly and fairly.
As HR consultants in Suffolk, we help business owners create structured, compliant probation processes that protect their business and support their people.
Book a confidential call today to find out how we can help you strengthen your onboarding and probation approach.
