Probation periods

2. Following a fair process

Employers should make sure their probation process:

• has clear expectations from the start
• is consistent across the organisation
• considers specific roles and circumstances
• works together with their induction and performance management processes
• includes regular probation reviews

Having clear expectations

Employers should make sure their probation process has clear terms, conditions and expectations. This should be in line with the organisation's performance management processes. 

Employers must set out the terms and conditions of probation in one of the following:

• employees' written statements of employment particulars
• employees' contracts – if they have them

They should also include them in any relevant policy, if there is one. For example, a performance management policy or separate probation policy.

If the terms and conditions are in a policy, employers must make this clear in either the written statement or the contract.

Employers should set out expectations for successfully completing probation. For example:

• meeting targets and objectives
• satisfactory attendance
• doing mandatory training

Being consistent

Following a probation process consistently across the organisation can help:

• make sure new employees know what is expected of them
• explain how decisions are made – this reduces the risk of discrimination

Having a probation policy can help employers and managers to be consistent. 

Employers should make sure managers are trained in handling probation periods. This includes training on any relevant policies and procedures.

Training managers will help them to:

• make consistent decisions
• decide what meetings they need to have, what training they need to offer and any timescales
• understand what's expected of new employees
• handle difficult conversations
• resolve any problems early
• communicate clearly with employees about possible outcomes of probation

Considering specific roles and circumstances

Employers should consider the specific needs of different roles in their probation processes. For example:

• technical or specialist training or qualifications
• working patterns – this might include part-time working
• working from home or hybrid working
• other working arrangements – this might include things like travelling for work or working outdoors

Employers should also be flexible when needed. There might be circumstances where a strictly consistent approach is not appropriate. For example:

• employees might have unplanned absences like bereavement or sickness
• longer probation periods might be affected by annual leave or planned closures
• disabled employees might need reasonable adjustments

Example of a consistent and tailored probation

A construction company employs bricklayers and electricians. The employer has consistent expectations for employees during their probation. These include that employees must:

• follow health and safety standards
• have satisfactory attendance
• work well in a team
• carry out work of a high quality

Probations are also tailored to the different roles. The employer takes into account:

• the specific skills and training each role needs
• how working conditions affect the roles differently – for example, weather is more likely to impact bricklayers working outdoors

Example of a consistent and flexible probation

A school has consistent expectations for new teachers during their probation. These include:

• following the school's code of conduct and safeguarding procedures
• passing a set number of lesson observations

Probation periods are also flexible to allow for time off during school holidays. The probation policy allows for extensions if the summer holiday falls in the probation period.

Working with induction and performance management processes

Probation processes should work together with an employer's:

• induction process
• performance management process

Inductions

A probation period is not the same as an induction. An induction is the process of welcoming someone to an organisation or role.

A probation period and an induction might happen at the same time.

The two things should work together to help employees to settle into a new job. Both involve offering support and training so that employees can perform well at work.

Find out more about inductions

Performance management

It's likely an employer's probation process and performance management procedure will overlap. 

Employers should make it clear to managers and new employees:

• how the processes work together
• where to find information about both processes

Managers might need to use the performance management process to:

• set objectives with a new employee
• take steps to help a new employee improve their performance

Find out more about performance management

Having regular reviews

Employers should make sure employees have regular structured probation reviews. 

Find out more about probation reviews

Having a probation policy

Employers should consider having a probation policy. This is a good way to set out clear expectations for probation periods.

A probation policy should include:

• who it applies to
• how long probation periods last
• when reviews happen
• expectations for performance and conduct
• details of any training the employer provides
• conditions for passing probation
• when probation can be extended and how long for
• who to talk to if there are any problems
• what happens at the final review, including what the different outcomes might be
• how to appeal decisions, including probation reviews and the final probation outcome
• how records are kept in line with the General Data Protection Regulation (UK GDPR)

If an employer already has a probation policy, they should:

• follow it consistently
• make sure it's easy to find and written clearly
• review it regularly
• train managers in using it

When someone completes probation

When an employee successfully completes probation, the employer should confirm it in writing. For example, in a letter or email.

The employer must give the employee their new terms of employment. This could be either:

• a new updated written statement of employment particulars
• a separate document setting out the new terms

Employees should check which terms change when they complete probation. For example, they might get access to more employee benefits. Or they might have a longer notice period.

After their probation period ends, employees should still have:

• regular check-ins with their manager
• the support and training they need to do their job

If someone thinks their probation is not being handled fairly

If an employee thinks their probation is not being handled fairly, they should talk to their employer. They might be able to resolve things informally.

Employees should:

• raise it early with their employer if they do not understand the expectations of their probation
• keep a record of things they raise, including what's agreed and any relevant timescales or dates

If informal steps do not resolve the problem, employees can raise a grievance. This is when an employee makes a formal complaint to their employer.

Training on probation periods

Acas offers free e-learning on recruitment, induction and probation.

3. Reviews

Probation reviews are formal checkpoints during an employee's probation period.

They're a chance to:

• check an employee's progress and performance
• discuss the employee's wellbeing and how they're feeling in their role
• give constructive feedback
• let the employee ask questions or share concerns
• talk about what the employee needs to perform well at work

Probation reviews should always involve meeting with an employee to discuss their progress. The meeting should be one-to-one.

When to have reviews

Employers should decide how many reviews to have and when to have them. 

It's a good idea to have:

• regular formal reviews during the probation period
• a final review to discuss the outcome of probation

Having regular reviews can help:

• check in on progress so far
• identify if the employee needs any extra support – for example, more training
• make sure the probation outcome is not a surprise to the employee

Employees should also have regular informal check-ins throughout their probation period. 

Having a review meeting

Probation review meetings are usually carried out by an employee's manager. Managers should:

• be prepared
• allow enough time
• keep records
• be honest and clear
• support employees' needs

Being prepared

Before the meeting, managers should:

• review probation expectations and what work the employee has done so far
• check if the employee has had any feedback – for example, from colleagues or customers
• gather any information on the employee's performance 

Managers should share this information with the employee before the review meeting. This means the employee can prepare things they want to discuss.

Allowing enough time

Managers should allow enough time for discussion. A review should be a two-way conversation.

Even if an employee is performing well, it's important to:

• allow time for the employee to raise anything they want to
• give positive feedback
• discuss the employee's wellbeing and how they're settling in

Keeping records

Managers should:

• keep records of probation reviews
• share the records with the employee after each review meeting

Keeping records can help an employer to:

• celebrate good performance
• learn what helps new employees succeed
• review their probation processes and make improvements
• document open and transparent conversations
• have evidence to refer to if the probation period ends in dismissal

It can be difficult to remember what was discussed at a review meeting. Records can help:

• remind everyone of the conversation and any actions they agreed to take
• prevent disputes if there are any disagreements

Employers must keep records in line with UK GDPR.

Being honest and clear

Managers should:

• be honest about an employee's performance
• share relevant information with an employee – for example, data or feedback on their performance
• explain things clearly – for example, what the employee's performance data means

Being honest and clear in review meetings can help:

• motivate the employee, even if they're performing well
• decide on any support needed to improve the employee's performance
• the employee understand what they need to do before their next review
• prepare the employee for the outcome of their final review

Supporting employees' needs

During review meetings, managers should talk about how they can support the needs of the employee. This includes:

• checking in on their general wellbeing
• discussing any training or mentoring that will help them in their role 

Employers must make reasonable adjustments for disabled employees. Someone does not have to share with their employer if they're disabled. But managers should help employees feel safe and comfortable to talk about disability. For example, explaining that they can make reasonable adjustments and giving examples.

Find out more about:

• supporting disabled people at work
• reasonable adjustments

Final review meetings

The final review meeting is where the manager and employee discuss the outcome of probation. 

Depending on the employer's probation process, the employee will either:

• successfully complete their probation period
• fail probation because they have not met the expectations – this likely means the employee will be dismissed
• have their probation extended

The outcome of probation should not come as a surprise to the employee. They should know what to expect based on conversations in previous meetings

Carrying out a final review meeting

How to carry out a final review meeting depends on the probation outcome.

If an employee passes probation, the final review meeting might be short. The manager and employee should:

• celebrate the employee's successes
• agree how the manager will continue to support and check in with the employee
• discuss any ongoing training needs

If the outcome is an extension, the manager and employee should discuss and agree a plan for this.

If the final review meeting is likely to result in dismissal, there are extra steps an employer should take to follow a fair procedure.

Find out more about:

• extending probation
• probation and dismissal

Being accompanied to meetings

Employees have a right to request to be accompanied to meetings that could result in dismissal. 

The right also applies to meetings where the employee:

• could receive a formal warning of potential dismissal or other disciplinary issues
• is appealing a dismissal or formal warning

Employers should also consider offering the right to be accompanied when:

• the meeting could result in an informal warning that goes on an employee's disciplinary record
• the employer might use the record as evidence for future disciplinary action

An employee can ask to be accompanied by one of the following:

• someone they work with
• a workplace trade union representative who's certified by their union to act as a companion
• an official employed by a trade union

The right to be accompanied might not apply for some or all of an employee's probation review meetings. But employers:

• can offer this if they want to
• must make reasonable adjustments for disabled employees – this might include allowing an employee to be accompanied to review meetings

If an employee is off sick

If an employee is off sick for their probation review, their employer should rearrange it. 

An employee might have long-term absence during their probation period. 

In this case, employers should consider whether:

• the absence is disability-related and reasonable adjustments might help them return to work
• a probation extension is appropriate

4. Extension

An employer might extend an employee's probation period when:

• the employee's performance is not satisfactory at the end of probation
• they are likely to improve with more support or training

An employer should have clear conditions for when they can extend probation. These should be explained in the probation policy, if there is one. 

Confirming an extension

An employer must:

• tell the employee in writing about an extension – this could be in a letter or email
• confirm an extension before the original probation period ends – failing to do this could be a breach of contract
• update the employee's written statement of employment particulars within one month

Agreeing a plan

Employers should discuss and agree with the employee:

• the length of the extension 
• what review points there will be
• expectations for improving performance, including any training
• when the final review will happen 
• possible outcomes at the end of the extension 

How long an extension should be

Employers can decide how long to extend a probation period for. This will depend on the circumstances.

Employers should consider:

• how long it might take to do more training that's needed
• what time period is realistic for seeing improvement – for example, if an employee needs to complete a project
• if someone needs time to recover and return to work after being off sick

Extension due to absence

An employee who has been off work can still successfully complete their probation without extension.

An employer can use reasonable evidence of performance to decide if an employee will pass their probation. 

For example, an employee has a 6-month probation period. They perform well for 4 months but are then off sick for 2 months. The employer can use the 4 months of good performance to confirm the employee passes their probation.

Sometimes, absence means the employer cannot properly assess someone's performance. It might be appropriate to extend probation in this case.

An employer should clearly set out conditions for extending probation due to absence. This could be in the written statement, contract or a relevant policy. 

Avoiding discrimination

Employers must not discriminate in the way they handle probation extensions due to absence.

An employee might take family-related leave during their probation. For example, maternity, adoption or shared parental leave. The employer should consider if they have enough evidence of good performance before the leave. This might mean the employee can still pass probation.

If there's not enough evidence, they should discuss and agree an extension with the employee. It's a good idea to do this as early as possible, when the employee is planning their leave.

If an employee is disabled, employers must make reasonable adjustments. This might include adapting how they handle disability-related absence. 

Find out more about discrimination at work

5. Dismissal

Dismissing an employee during probation should be a last resort. 

Employers should take steps to avoid dismissal. For example:

• using performance management steps to help an employee improve
• extending the probation period

If an employee still fails their probation, they are likely to be dismissed.

When an employer dismisses someone, they should:

• follow a fair procedure
• give the reasons in writing, for example in a letter or email

Find out more about:

• dismissals
• disciplinary procedures

Giving notice

The employer must give the correct notice to end someone's employment. This is either:

• the minimum statutory notice period
• the notice period set out in the contract

Find out more about notice periods for dismissal

Having a good recruitment process

Having a good recruitment process helps employers choose the right person for a job. 

If an employer has lots of employees who fail probation, there might be problems with how they recruit. They should review their process and make changes if needed.

Find out more about recruitment