"I thought I could just let them go, they're on probation."
Reader, this sentence has cost me more Friday afternoons than I care to count.
I hear it at least once a fortnight. Usually from a lovely SME founder who has done everything else brilliantly, and then discovers, at the eleventh hour, that the probation clause they thought was a legal safety net is actually a bit of paper with some very optimistic wording on it.
Let me save you the Friday afternoon.
Probation is not a magic word
There is no statutory probation period in UK law. Never has been. Probation exists because you put it in the contract, not because Parliament said so.
From day one, your new starter has protection from discrimination, whistleblowing protection, National Minimum Wage, statutory sick pay (payable from the first day now, as of April 2026), and day-one paternity and parental leave. A probation clause cannot magic any of that away.
The three mistakes I see every week
Set-it-and-forget-it. A probation without reviews is a countdown in disguise. Diary check-ins at 30, 60 and 90 days, and actually do them.
Being lovely instead of being honest. Most failed probations could have been rescued by one cup of tea in week three.
Kindness gets confused with silence. Silence gets mistaken for approval. And then, three months later, everyone is surprised. Being honest early is the kindest thing you can do.
Six months because "everyone does it." This is the biggie, and it is about to bite.
The 2027 shift you need to know about
From 1 January 2027, unfair dismissal rights kick in at six months of service, not two years. It is the biggest employment law change in a generation.
Which means: a six-month probation now ends at exactly the moment your employee gains full unfair dismissal rights. That is a design flaw waiting to happen.
The fix is straightforward. Move to a three-month probation, with a one-month extension option written into the contract. That gives you a proper window to make a fair, kind, well-documented decision while the risk profile is still on your side.
One last thing
Probation is not a threat. It is a promise, on both sides, that this will be a fair, honest, well-supported start.
Get it right, and it is the thing that turns a new hire into someone who stays for five years and tells their friends about you.
Get it wrong, and it is a very expensive way to learn about the Employment Rights Act 2025.
So, tell me. When did you last read your probation policy?
If the answer involves the word "erm," pop it in the diary this week.
Or, you know where I am. 🫶
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