The six-month diary reminder appears and the manager says the new employee has ‘not quite worked out’. That is not enough for a sound probation decision. A useful probation period review starts much earlier: expectations are made clear, evidence is discussed while improvement is still possible, support is provided and the final outcome follows logically from the record. This guide helps employers decide whether to confirm employment, extend probation or dismiss without treating the word probation as a shortcut.
Probation is contractual—not a period without rights
There is no legal requirement to use a probation period, and legislation does not prescribe one standard length. If an employer uses one, the terms should be stated in the written statement of employment particulars or contract and supported by a clear policy. The role, training period and opportunity to demonstrate performance should shape the length—not an automatic template.
Day-one rights still apply. Acas lists minimum wage, paid holiday, discrimination protection, whistleblowing protection and trade-union rights among the protections that operate during probation. Family-related rights, statutory sick pay eligibility and contractual rights do not disappear because a manager has not yet confirmed employment.
The current qualifying period for an ordinary unfair-dismissal claim is normally two years. From 1 January 2027 it will reduce to six months, including for an employee who already has six months' service on that date. That change does not create or prescribe a six-month probation period. Employers should focus on an effective process rather than trying to make the dates narrowly outrun legal protection.
Acas: what probation is ↗ · Related guide: unfair-dismissal changes in 2027 →
Set measures the employee can understand and influence
Start with the job description, offer, written terms and induction plan. Translate broad expectations such as ‘fit’, ‘initiative’ or ‘professionalism’ into observable requirements. Useful measures might include completing mandatory training, meeting an accuracy standard, following a safe system, handling a defined workload or demonstrating an agreed technical skill.
Check that the employee has the resources, access, supervision and training required. A target is weak evidence where the system was unavailable, the manager cancelled coaching or the employee was never allocated the work. Managers should record what the employee was asked to achieve, by when, how it would be measured and what support the business would provide.
Avoid turning attendance into a blunt pass-or-fail figure. Establish why time was missed and whether pregnancy, maternity, disability, another protected characteristic or statutory leave is involved. The same factual absence can require a different legal and practical response depending on its reason.
Use reviews to change the outcome—not document a surprise
Hold scheduled one-to-one reviews during the probation period, supported by informal check-ins. Acas recommends sharing relevant performance information before a formal review so the employee can prepare. The meeting should be a two-way conversation covering progress, examples, wellbeing, obstacles, training and what must happen next.
Be specific. ‘Communication needs to improve’ gives little direction. ‘Send the client update by 3pm each Friday using the agreed template, with the manager copied for the next four weeks’ creates a standard that both parties can assess. Record the discussion, actions, owners and review date, then share the note with the employee.
Positive performance should be documented too. A balanced record helps the final decision reflect the complete period and prevents managers relying on the most recent mistake. If concerns emerge, raise them promptly rather than saving them for a final meeting after the employee has lost the opportunity to respond.
Consider disability and other protected circumstances
A performance concern may be linked to a disability, health condition or an inaccessible way of working. Ask what is affecting the task, avoid demanding unnecessary medical detail and consider reasonable adjustments. These could include adapted equipment, altered communication, additional training time, a different supervision method or adjustment to disability-related attendance handling.
An employee does not have to use the word disability before a manager listens to relevant information. Where the position is unclear, an occupational health referral can help identify functional effects and possible adjustments while the employer retains the decision. Allow enough time to test an adjustment before treating the unchanged outcome as reliable evidence.
Apply similar care to pregnancy, maternity and other family-related leave. Do not treat protected absence or assumptions about future availability as evidence of unsuitability. If there is insufficient work evidence because of absence, consider whether a proportionate extension is needed rather than an automatic failure.
Related guide: occupational health referrals → · Related guide: pregnancy-related sickness absence →
Turn concerns into clear evidence and a workable improvement plan.
HR + SAFETY can help managers structure probation reviews, reasonable adjustments and decision records before the process becomes urgent.
Discuss a probation reviewExtend only where more time can answer a real question
An extension is appropriate where performance is not yet satisfactory but improvement appears realistic with defined support, or where absence or limited work opportunity has prevented a fair assessment. It should not be used simply because a manager avoided the earlier reviews or is uncomfortable making a decision.
Check that the contract or policy permits extension. Acas says the employer should confirm it in writing before the original probation ends; failing to do so could breach the contract. Record the new end date, review points, precise expectations, support or training, evidence to be considered and the possible outcomes. Update the written particulars within one month where the terms change.
Choose a period long enough to test the required improvement. A two-week extension is unlikely to assess a quarterly process; six extra months may be excessive for a simple recurring task. Explain why the chosen period is proportionate and what decision will be taken at its end.
If dismissal is proposed, slow the decision down
Acas describes dismissal during probation as a last resort. Before deciding, check the evidence, support, adjustments, comparable decisions, contractual procedure and true reason for the concern. A short-service employee may still bring claims involving discrimination, whistleblowing, automatically unfair reasons, breach of contract or unpaid wages even where ordinary unfair-dismissal protection is unavailable.
Invite the employee to a meeting with the concerns, relevant evidence and possible outcome stated clearly. Give them a genuine opportunity to respond and consider the explanation before deciding. Acas says employees have the right to request a companion at a meeting that could result in dismissal. Confirm the decision, reason, termination date, appeal route and pay arrangements in writing.
Give the correct notice unless summary dismissal is justified. Once employed for at least one month, the statutory minimum is normally one week; use a longer contractual period where it applies. Calculate salary, accrued holiday and authorised deductions accurately, and do not label ordinary capability concerns as gross misconduct to avoid notice.
Acas: dismissal during probation ↗ · GOV.UK: dismissing staff ↗ · Employment Rights Act 1996, section 86 ↗
Probation review decision checklist
Legal requirements and Acas guidance were checked on 23 September 2026. The Employment Rights Act 2025 does not prescribe probation periods. The confirmed change relevant to this process is the six-month qualifying period for ordinary unfair-dismissal protection from 1 January 2027; day-one and contractual protections continue to require careful decisions before and after that date.
- Check the contractual probation terms, policy and original expectations.
- Gather balanced, job-related evidence and share it before the meeting.
- Confirm that induction, supervision, training and required resources were provided.
- Discuss obstacles, wellbeing and the employee's response in a genuine two-way meeting.
- Identify disability, pregnancy, protected leave or other discrimination risks.
- Make and test reasonable adjustments where required.
- Extend only where additional time and support can answer a defined question.
- Where dismissal is possible, state that outcome in advance and allow accompaniment.
- Check the correct notice, holiday pay, final pay and appeal arrangements.
- Confirm pass, extension or dismissal in writing with clear dates and reasons.
A probation end date should trigger a reasoned decision, not create one. Set workable expectations, discuss evidence early, provide support and adjustments, and make the final pass, extend or dismiss outcome from a record the employee has had a fair opportunity to influence.
This guide provides general information for UK employers. It is not legal advice and should not replace advice based on the facts of a specific matter.