Probationary periods are not the problem — poor management is
There has been a lot of discussion recently about whether probationary periods are still fit for purpose.
Some argue that they simply allow employers to delay decisions they should have made much earlier.
And, in some cases, I understand the point.
Where probation is treated as a waiting period, where managers avoid difficult conversations, and where concerns are only raised at the final review meeting, the process adds very little value.
But from an HR perspective, I do not believe probationary periods are a waste of time.
I believe poorly managed probationary periods are.
This distinction is going to matter even more as we move towards the upcoming changes to unfair dismissal protection.
From 1 January 2027, the qualifying period for ordinary unfair dismissal protection is expected to reduce from two years to six months. That means employers will have a much shorter period in which to assess suitability, address concerns, support improvement and make fair, evidence-based decisions.
For employers, this should not be seen as a reason to remove probationary periods.
It is a reason to make them better.
A well-managed probationary period creates structure. It gives the employee clarity about what is expected. It gives the manager a framework for feedback, support and review. It allows both parties to assess whether the role, culture and expectations are the right fit.
That is not wasted time.
The problem arises when probation becomes a substitute for active management.
A probationary review should not be the first time an employee hears that there are concerns. It should not be the moment a manager finally says what they have been thinking for weeks. It should not be used to avoid timely decisions.
Good probation management starts on day one.
That means setting clear expectations, explaining what success looks like, holding regular check-ins, giving honest feedback early, documenting concerns, offering support where appropriate and making decisions based on evidence rather than instinct or delay.
It also means being fair to the employee.
If someone is struggling, they should know. They should understand what needs to improve, what support is available and what the possible outcome may be if things do not improve.
Too often, employees reach the end of probation believing everything is fine, only to be told there are significant concerns that have never been properly discussed. That is not a probation problem. That is a management problem.
Employers also need to be careful with probation extensions.
There will be circumstances where an extension is appropriate, particularly where there has been absence, limited opportunity to assess performance, or genuine evidence that improvement may be achieved with further support.
But extending probation simply because no one is willing to make a decision is not good practice.
If probation is extended, there should be a clear reason, clear objectives, a defined review period and proper documentation. Otherwise, the business is simply delaying uncertainty for everyone involved.
The upcoming unfair dismissal changes make this even more important.
Employers who rely on vague concerns, informal conversations and inconsistent probation processes may find themselves exposed much sooner than they are used to.
The question is not whether probationary periods should exist.
The question is whether they are being used properly.
A strong probation process should include:
✅ clear contractual wording
✅ structured onboarding
✅ measurable expectations
✅ regular one-to-ones
✅ early feedback
✅ documented concerns and support
✅ fair and timely decision-making
✅ manager training on how to handle difficult conversations
Probation should support good leadership, not replace it.
It should help managers make better decisions earlier, not give them permission to avoid decisions until the final review date.
As unfair dismissal protection moves closer to the start of employment, employers need to review whether their probation processes are genuinely fit for purpose.
Because the businesses that will manage this change well are not the ones that abandon probation.
They are the ones that recruit carefully, onboard properly, manage actively and document decisions fairly.
Probationary periods are not the problem.
Poor management is.
At Innov8 HR, we can support employers to review contracts, probation processes, manager guidance and documentation so they are ready for the changes ahead. Get in touch with us today!