Probation reviews should assess performance against expectations communicated at the start of employment. A probation clause is a contractual management arrangement; it does not switch off statutory employment protections.
Set evidence-based review points
Record duties, objectives, training and the support the new employee needs. Schedule feedback early enough for improvement to be possible. Identify specific examples of work rather than relying on labels such as 'not the right fit'.
If an objective was missed, distinguish lack of training, unclear instructions, disability-related barriers and capability. The employer should assess the actual reason before choosing a response.
Document the decision before the period ends
Check the contract's provisions on confirmation, extension and notice. If an extension is appropriate, explain its length, objectives and support in writing through a lawful process. Do not assume an expired probation period can simply be restarted retrospectively.
Before dismissal, assess statutory protections and the applicable service and commencement rules. Acas explains that probation does not remove the need to consider lawful dismissal. [1] Written particulars should accurately state probation conditions; adjustment duties remain relevant during probation as elsewhere.
Define success in observable work terms Set objectives linked to the duties the employee was hired to perform. Explain expected quality, deadlines and working methods, with examples where useful. Avoid relying on a general expectation that the person will fit the culture or show initiative without explaining what that means in the role. Agree how progress will be reviewed and who provides support. A probation assessment is more reliable when the employee has been told what good performance looks like and has a realistic opportunity to demonstrate it before the decision date.
Check that necessary induction, equipment and training are available. Record delays outside the employee's control and their effect on the objectives. If a system account is unavailable for several weeks, the manager should not assess output as though the person had full access from the first day. Similarly, inconsistent instructions can make apparent performance problems difficult to interpret. The review record should distinguish the employee's conduct and capability from organisational obstacles, so the decision responds to the actual reason an expectation was not met.
Give feedback while improvement remains possible Schedule early conversations and keep brief factual notes of examples discussed. State the concern, expected change, support offered and review date. Invite the employee's explanation and correct misunderstandings promptly. A final meeting should not be the first time an ordinary performance concern is raised. If the issue is serious, follow the appropriate process rather than delaying action solely because a probation review is already scheduled. The contractual label does not replace the need to assess the nature of the concern and a fair response.
Consider disability, health, pregnancy or another protected circumstance where relevant. Ask about barriers and support without making assumptions from a diagnosis or absence. An adjustment may be required during probation just as at another stage of employment. Keep its implementation and effect visible in the review. If the employee raises a grievance or protected concern, assess it separately and avoid treating the report as evidence of poor attitude. The employer should be able to explain any later decision by reference to the actual work evidence and lawful considerations.
Check the contract before the probation period expires Read the agreed length, notice provisions and any condition governing confirmation or extension. Identify who must make and communicate the decision and by what date. Do not assume the period can be extended retrospectively because the manager missed a review meeting. If an extension is appropriate and permitted, explain its duration, objectives and support through the required process. Keep the effective date and employee communication clear. A vague message that probation continues until further notice can leave the contractual position and next assessment uncertain.
For confirmation, record the outcome and any continuing development needs without implying that ordinary management stops. For an extension, specify what evidence will be assessed next and why further time is justified. If the underlying problem is missing training, arrange it rather than merely extending the period and repeating the same expectation. Check whether notice or benefits change on confirmation and ensure payroll and HR records reflect the contract. The review decision should be operationally complete, not just a tick in a system that leaves other teams using the previous status.
Assess dismissal rights on the actual dates and reasons Before terminating employment, examine the reason, process, notice and relevant statutory protections. Acas distinguishes ordinary unfair dismissal from automatically unfair reasons and other claims. [1] Short service does not make discriminatory or otherwise prohibited treatment lawful. As at September 2026, the usual Great Britain ordinary unfair dismissal qualification remains two years, with the six-month reform planned for January 2027. [2] Check the rule applying to the actual termination date rather than assuming either an old threshold or a future reform answers the case.
Communicate the decision with accurate reasons and the appropriate review or appeal route. Reconcile final pay if employment ends and preserve the objectives, feedback, support and employee responses. Do not rewrite earlier notes to make concerns appear to have been communicated sooner. If the employee disputes the assessment, provide the actual record to the adviser, including gaps and positive feedback. A credible probation file should show what was expected, what opportunity and support were provided, what happened and why the employer reached its contractual and employment decision.
Frequently asked questions
Does probation mean an employee has no statutory protection?
No. Probation is a contractual arrangement, and rights concerning discrimination, protected reasons, notice and other matters can apply regardless of that label.
Can missed induction affect the fairness of a probation assessment?
Yes. Record what support and access were available and distinguish organisational delays from the employee's own performance before deciding whether expectations were met.
May a manager extend probation after it has expired without checking the contract?
Do not assume that is possible. Review the agreed provisions, timing and required process before attempting any extension or retrospective change.
What should a probation extension specify?
State its lawful basis, duration, objectives, support and review date, so the employee understands what is to be assessed and when a decision will follow.
Should earlier positive feedback be removed if the final decision is dismissal?
No. Preserve accurate records, including positive material and gaps. The decision should be explained against the real history rather than an edited retrospective account.
Official sources
Sources checked: 9 September 2026. Check the linked guidance for subsequent changes.
General information only. The appropriate action depends on your circumstances and the applicable jurisdiction.
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