Important Legal Disclaimer – Employment Rights Act 2025
Important notice:
This probationary period policy and accompanying guidance have been drafted in readiness for anticipated changes under the Employment Rights Act 2025.
At the time of publication, certain provisions referenced are not yet in force and are expected to be implemented no earlier than six months from Royal Assent, subject to secondary legislation and government regulations.
As such, this policy should not yet be implemented or relied upon operationally. It is intended as a preparatory and planning document only, enabling employers to review, adapt and future-proof their HR frameworks ahead of the relevant provisions coming into force.
Employers should be aware that the final form, timing and application of these legal changes may be amended or clarified through government regulations or statutory guidance. Professional advice should be sought before implementation.
Probationary Period Policy Guide (Post Employment Rights Act 2025)
The Employment Rights Act 2025 has fundamentally changed how employers manage risk in the early stages of employment. With the reduced qualifying period for unfair dismissal, businesses can no longer afford informal or poorly documented probationary processes.
A clear, well-structured probationary period policy is now essential to:
- Protect your organisation from tribunal claims
- Demonstrate fair and reasonable decision-making
- Support new employees effectively from day one
- Create clear expectations around performance and conduct
This guide explains how a compliant probationary period policy works in practice and how it both reduces legal risk and supports employee success.
What Is a Probationary Period Policy?
A probationary period policy sets out how an employer assesses a new employee’s suitability for a role during the first few months of employment.
It typically covers:
- Length of probation
- Review processes
- Support and training expectations
- How concerns are handled
- When and how employment may be ended
Probation Length and Legal Alignment
Under this policy, employees are subject to a probationary period of up to 6 months, aligning with the shortened unfair dismissal qualifying period under the Employment Rights Act 2025.
Why this matters:
- Employers must evidence fair assessment earlier
- Delays in reviewing probation can increase legal exposure
- Probation does not pass by default without written confirmation
The policy makes it clear that:
- Probation can be extended where reasonable
- Extensions must be confirmed in writing with reasons
- Employees are encouraged to raise concerns if reviews are delayed
This transparency protects both parties and demonstrates procedural fairness.
Managing Concerns During Probation Fairly
One of the biggest risk areas for employers is handling performance or conduct issues poorly during probation.
This policy provides a clear framework:
- Issues are raised promptly
- Expectations are clarified
- Employees are given a reasonable opportunity to improve
- Objectives and support are documented
Where concerns are serious and improvement is unlikely, the policy allows for lawful dismissal during probation, backed by evidence and a fair process.
Ending Employment During Probation: Reducing Legal Risk
Dismissal during probation is still permitted – but only when handled correctly.
This policy ensures that:
- Decisions are evidence-based
- Reasons are documented
- A fair process is followed
- Employees are offered a right of appeal
This significantly reduces the risk of:
- Unfair dismissal claims
- Discrimination allegations
- Procedural challenges at tribunal
For employers navigating the Employment Rights Act 2025, this level of structure is no longer optional.
Honesty, Capability and Medical Disclosure
The policy also addresses two often-overlooked risk areas:
Recruitment Honesty
If discrepancies emerge between:
- CV claims
- Interview representations
- Actual capability in role
These may affect probation outcomes and, in serious cases, trigger misconduct considerations.
Medical Needs and Adjustments
Employees are encouraged to disclose medical needs early so:
- Reasonable adjustments can be made
- Training and feedback can be adapted
- Issues are addressed proactively, not reactively
This supports both equality law compliance and employee wellbeing.
Probationary Period Policy
Purpose
This policy explains how probationary periods are used to support new employees, assess suitability for the role and address any issues at an early stage.
Length of probation
All new employees will normally be subject to a probationary period of up to six months. This reflects the reduced qualifying period for unfair dismissal under the Employment Rights Act 2025.
The probationary period may be extended, where necessary, for a reasonable period to allow further assessment. Any extension will be confirmed in writing with reasons. In the event that your probationary period has not been reviewed, or has not been confirmed as passed in writing, you should not consider that the probation has been passed by default and you should notify your line manager that you have not yet had your probationary review, in writing.
The Company will make reasonable efforts to ensure probationary reviews are carried out in a timely manner.
Support and review
During probation, employees will receive appropriate training, supervision, and feedback, where appropriate for the role. Performance and conduct will be reviewed regularly.
The Company will recruit for different types of roles, some roles are intended to allow an employee to develop and grow into a role. Other roles are recruited to meet immediate business need and require an employee to demonstrate capability and appropriate skills for the role very quickly. The level of support and training that can be provided will be appropriate for the type of role recruited for, and where support and training is identified as appropriate the time permitted for improvement may vary.
Regardless of role type, decisions during probation will be based on fair assessment and evidence.
Employees are expected to be honest during recruitment, and if it transpires that an employee has not been honest about skills, capability, or suitability for a role, this may affect any decisions made to allocate support and training and could in some instances trigger a probationary review where significant discrepancies are identified between CV/recruitment representations and the skills demonstrated in role. Any concerns will be considered fairly and proportionately. Employees should be aware that allegations regarding dishonesty are classed as gross misconduct under our disciplinary policy.
In the event that you have medical issues that are likely to affect your performance or skills, and as a result you require training, support or feedback to be presented in a different way, you may choose to highlight your needs to either a trusted line manager or HR can mean that bespoke support can be put in place for you early in your employment journey.
Reviews may be held with you at regular intervals, these may be informal check ins or formal reviews and will be held at intervals appropriate to your role and progress during your probation.
Concerns during probation
If concerns arise, you will be informed promptly and given a reasonable opportunity to improve. This may include setting clear objectives, providing support or issuing informal warnings.
Where issues are serious and it is reasonably concluded that sufficient improvement is unlikely to be achieved within a timeframe appropriate to the role and business needs, employment may be terminated before the end of the probationary period.
Ending employment during probation
Employment may be terminated during probation where it has been reasonably identified that required standards are not being met or where conduct is considered to be unsatisfactory.
Decisions to dismiss during or at the end of probation will be based on clear evidence, fair process and documented reasons.
Right of appeal
Employees dismissed during probation will be offered a right of appeal.
Need Help Implementing or Reviewing Your Probationary Period Policy?
If you want to:
- Ensure compliance with the Employment Rights Act 2025
- Reduce unfair dismissal risk
- Train managers on probation best practice
- Review or update your HR policies
Speak to our employment lawyers who understand the new legal landscape and can tailor policies to your business by booking a free consultation here.
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