Probation reviews that actually work in the United Kingdom
Reviewed by Mellow Editorial Team, HR & payroll content team
A well-run probation review gives you clear, documented evidence to confirm, extend or end employment — and protects you legally if a dispute arises later. Done badly, it becomes an awkward chat that leaves both sides unclear on what happens next.
What a probation review is actually for
A probation period is a structured trial. The review is the formal checkpoint where you assess whether the employee meets the standard you need. It is not a rubber stamp, and it is not a disciplinary hearing.
Your aims are:
- Confirm the employee meets the role's requirements and commit to ongoing employment
- Identify gaps and agree a plan if performance is borderline
- End employment fairly if the standard has not been met
Under the Employment Rights Act 2025, day-one rights are stronger than they were. Employees can raise unfair dismissal claims earlier, so having a documented, consistent process matters more than ever.
Before the review: preparation that makes the difference
The review is only as good as the groundwork. Do this before you sit down:
Set expectations at the start of employment. The probation period, its length, the criteria for passing and the review date should all be written into the contract or a separate probation policy. Surprises at the review are almost always a sign that this step was skipped.
Keep running notes. Record specific examples of good and poor performance as they happen — not a rushed summary written the night before the meeting. Concrete examples ("delivered the March report three days late without flagging it" rather than "sometimes misses deadlines") are what protect you if the decision is challenged.
Share the agenda in advance. Give the employee notice of the review date and what will be covered. This is basic fairness, and it produces a more honest conversation.
Check your own process. Did you provide the induction, training and support you promised? A review is a two-way assessment. If the employee struggled partly because onboarding was thin, that is relevant.
Running the review meeting
Keep the structure simple and consistent across all employees.
1. Open with the purpose. State clearly that you are reviewing performance against the agreed criteria.
2. Ask the employee first. "How do you feel the probation period has gone?" surfaces issues you may not have seen, and it shows you are listening.
3. Work through the criteria. Go through each one with evidence. Be specific. Avoid vague language like "attitude" unless you can back it with documented examples.
4. Give the employee the right to be accompanied. Strictly speaking, the statutory right to a companion applies to disciplinary and grievance hearings. But if you are considering ending employment, allowing a companion — a colleague or trade union representative — reduces the risk of a procedural challenge. Many employers extend this to all probation reviews as standard practice.
5. Be honest. If performance is not good enough, say so plainly. Cushioning a failed review so heavily that the employee leaves thinking they passed is unfair to them and creates legal risk for you.
The three outcomes and what each requires
Pass. Confirm employment in writing, ideally the same day. State that the probation period has been completed successfully. This is also a good moment to set objectives for the next quarter.
Extension. This is appropriate when performance is borderline and there is a genuine reason to believe more time will resolve it — for example, the employee joined mid-project, or was ill for part of the period. Be clear in writing: the new end date, the specific areas that need to improve and what support you will provide. One extension is reasonable. A second extension rarely serves either party.
Dismissal. You must give the contractual notice period (or statutory minimum, whichever is higher) unless the contract specifies a shorter notice period during probation — which is common and lawful. Pay any accrued but untaken statutory annual leave (workers accrue 5.6 weeks per year, so even a short-tenure employee will have some accrued). Confirm the decision in writing, stating the reason. Keep the tone factual.
If an employee is in a protected group — pregnant, disabled, or has raised a concern about working conditions — take legal advice before dismissing, regardless of performance.
Documentation: what to keep and for how long
After every review, file:
- The signed review form or meeting notes
- The written outcome letter
- Any performance records or emails you relied on
Keep these for at least two years after employment ends. Employment tribunal claims have a three-month time limit from the date of dismissal, but records also become relevant if references are requested or if a related claim (such as discrimination) is brought on a longer timescale.
A consistent paper trail across all probationers is your strongest defence. If your process looks different for different employees, that inconsistency can itself become a ground for challenge.
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