What to do when a new hire isn’t working out during probation
What to do when a new hire isn’t working out during probation
You hired someone promising. Three weeks in, your gut’s telling you something’s off.
Probation exists for exactly this reason but handling it fairly while protecting your business can be tricky.
What probation actually means
Probation isn’t a legal requirement. It’s a contractual trial period where you can use shorter notice periods (typically one week instead of a month) and may withhold contractual benefits, like private healthcare, depending on your contract terms.
Your new employee still has statutory rights from day one: minimum wage, holiday pay and protection from discrimination. These apply regardless of probation.
How to manage probation properly
Set clear expectations from the start
Give your new hire a proper job description with specific, measurable goals for their first three months.
Tell them your standards and what doing a good job looks like in your business.
Get the basics right
A proper induction sets them up to succeed. Show them how you work, introduce the team and schedule essential training.
If they struggle after you’ve done everything right, the issue is unlikely to be your onboarding.
Review regularly and keep notes
Have weekly check-ins at first, then monthly once settled. Document discussions, progress and agreed actions.
Send summaries afterwards so everyone’s clear. Address problems immediately with specific feedback.
Give them a chance to improve
When someone’s struggling, identify why. Often small adjustments work: extra training, clearer instructions or different working arrangements.
Ask what would help, they might have solutions you haven’t considered.
When things still aren’t working
Consider extending probation
If you need more time to decide, you can extend probation, usually by a month. Put it in writing, explaining why and what they need to achieve.
Extensions are only valid if your employment contract allows for them. Avoid multiple extensions.
If you need to dismiss
Sometimes it doesn’t work out. You still need to follow a fair process: meeting in writing, explain reasons, let them respond, confirm decision in writing, offer a right to appeal.
This reduces the risk of discrimination or automatic unfair dismissal claims, which employees can bring even with less than two years’ service.
Consider upcoming changes
Proposed changes in the Employment Rights Bill could introduce day-one protection from unfair dismissal, with many changes expected to phase in from late 2026 into 2027. Details are still subject to Parliament and consultation.
Either way, tightening your probation process now is a smart move. Document your approach, train managers on reviews and get comfortable with timely talks about how people are doing.
Making probation work for you
Good probation management is straightforward: set clear expectations, review regularly, document everything and act on problems quickly.
Not sure if your probation process would stand up to scrutiny? Worried about handling a failing probation?
Drop us a message for a confidential chat about protecting your business while treating people fairly.