Probation Periods: Your New Six-Month Window to Assess Talent

The New Reality: Why Probation Periods are More Critical Than Ever

While the Employment Rights Act 2025 ultimately removed the concept of a "statutory probationary period," it simultaneously introduced a profound change: the qualifying period for unfair dismissal claims will be reduced from two years to just six months, effective from 1 January 2027. This means your non-statutory probation period has become the most vital tool for assessing new hires.

Is Your Business Ready for the Biggest Shift in Employment Law?

What's Changing with Probation Periods?

The Employment Rights Act 2025 doesn't change probation periods directly, but it introduces a massive change that makes them more important than ever:

  • A New Timeframe for Unfair Dismissal: The qualifying period for unfair dismissal claims is being dramatically reduced.

  • Increased Risk: This puts more pressure on employers to get their probation process right, as the window for dismissing new hires without risk is shrinking.

  • The Spotlight on Performance Management: Your probation review is now your most critical checkpoint for assessing new talent.

These changes mean that a "wait and see" approach to new hires is no longer an option. You need a proactive, structured, and legally compliant probation process.

What's New

How to Prepare: Bulletproof Your Probation Process

To navigate the new landscape, your probation processes must be proactive, clear, and consistently applied:

  • Set Clear Expectations: Define roles, responsibilities, and performance metrics from day one.

  • Regular Feedback and Coaching: Implement frequent check-ins, provide constructive feedback, and offer necessary support and training.

  • Structured Review Meetings: Conduct formal reviews at key milestones (e.g., 4-week, 2-month, 4-month, 5-month points), documenting progress and areas for improvement.

  • Address Issues Decisively: If performance issues arise, address them promptly with a clear action plan and defined timescales for improvement.

  • Informed Decisions: Make a clear, documented decision on continuation or termination before the six-month mark, ensuring all actions are legally sound.

  • Training for Managers: Equip your line managers with the skills and confidence to manage probation periods effectively and compliantly.

Active listening during a presentation

Master Probation Management Under the ERA 2025

The new Employment Rights Act 2025 demands a strategic overhaul of your probation processes. CIPD HR-inform Pro offers expert-backed guidance, compliant templates, and practical tools to help you design bulletproof probation policies, train your managers, and ensure every new hire is a success story—without the legal risks.

Employment Rights Act 2025 Download a summary

After more than a year of debate, the Employment Rights Bill became law on 18 December 2025 as the Employment Rights Act 2025. This is the biggest shake-up of employment law in a generation, with over 28 changes rolling out between December 2025 and into 2027. While this phased approach to the reforms gives employers time to prepare, now is the moment to get ahead. Explore what’s changing and what it means for your organisation, including key updates on sickness absence, paternity leave, parental leave, trade union access, and more.

Palace of Westminster Houses of Parliament

Prepare for the Employment Rights Act 2025

The Employment Rights Act 2025 ushers in the most significant changes to UK employment law in a generation. Our CIPD HR-inform Pro product service is designed to be your essential guide, providing comprehensive resources, expert advice, and practical tools to ensure your business remains compliant and agile.