What do you do if your new employee just isn't working out as you'd hoped? In this post I'll walk you through how to manage probation periods effectively, ensuring a fair process and safeguarding your business.
What happens when, despite your best efforts, it becomes clear that a new hire isn’t quite working out during their probation period? This is where professional HR consultancy services in Stratford on Avon can be invaluable.
It’s a common, often stressful, situation for business owners. You want to be fair, but you also need to protect your business and ensure you have the right people on board to achieve your goals. Getting it wrong can lead to wasted time, lost productivity, and even costly legal challenges. That’s where a clear, well-managed probation process becomes your best friend.
What probation really means for your business
Probation isn't just a formality; it's a vital trial period built into many contracts. Think of it as a chance for both you and your new employee to make sure the role is the right fit.
While it allows for practical things like shorter notice periods (often a week instead of a month) or delayed access to some contractual benefits, it's crucial to remember that your new team member still has statutory rights from day one – things like minimum wage, holiday pay, and protection from discrimination.
It’s your opportunity to assess performance and fit, but it’s equally important that the employee feels supported and has a fair chance to succeed.
Setting up for success
The foundation of a successful probation period is laid before day one. If you want to avoid headaches later, get these basics right:
● Clear expectations: Provide a thorough job description that outlines key responsibilities and measurable goals for the first three months. Explain your standards and what good performance looks like. This isn’t just about ticking boxes; it’s about giving your new hire a roadmap to success.
● Proper induction: Don’t just throw them in at the deep end. A structured induction covering how your business works, key introductions, and essential training is vital. If problems arise after a good onboarding, you know the issue is more likely with fit or performance, not your process.
The power of ongoing conversations and documentation
Once they’re in, regular communication is key. This isn't about micromanaging; it's about supportive management that allows you to address issues early, saving you time and hassle down the line:
● Regular check-ins: Hold weekly catch-ups initially, moving to monthly as they settle in. These are opportunities for two-way feedback.
● Keep notes: Document progress, any issues that come up, and agreed actions. Follow up these conversations with a brief written summary. This isn’t about building a case against someone, but about having a clear record of support and development.
When things aren’t quite right
If you notice a new hire isn’t meeting expectations, your first step should always be to offer support:
● Identify the 'why': Try to understand the reasons for their underperformance. Is it a lack of training? Unclear instructions? A misunderstanding of their role?
● Offer support: Provide extra training, clearer guidance, or make adjustments to their working arrangements if appropriate. Ask the employee what they feel would help them improve.
Handling dismissal during probation
Sometimes, despite your best efforts, it simply doesn’t work out. If dismissal becomes necessary during probation, you still need to follow a fair process to protect your business:
● Consider extending probation: If you need more time to assess, you can extend the probation period (usually by one month), but only if your contract allows for it. Put the reasons for the extension and the new goals in writing.
● Follow a fair process for dismissal: Even during probation, a fair process is expected. This means inviting them to a meeting in writing, clearly explaining the reasons for your concerns, allowing them to respond, confirming your decision in writing, and offering a right of appeal. This isn’t just good practice; it significantly reduces your risk.
Looking ahead
Employment law is always evolving. There are planned changes (expected 2026–27) under the Employment Rights Bill that may introduce day-one protection from unfair dismissal.
Strengthening your probation processes now isn't just about managing current hires; it’s about reducing future risks and building a resilient business.
To be proactive, consider these practical steps:
● Document your probation process clearly and make sure it’s part of your employee handbook.
● Train your managers on how to conduct effective probation reviews and maintain good records.
● Address performance concerns early and consistently, rather than letting them fester.
I'm here to help
If you're grappling with a new hire who isn't fitting in, or you simply want to make sure your probation processes are robust and compliant, let's chat. As an HR consultant in Stratford on Avon, I've supported many UK businesses in handling these sensitive situations, helping them to make fair decisions that protect their team and their bottom line.
I can help you review and improve your procedures, train your managers, and support you through any tricky situations.
Book a confidential discovery call today, and let's ensure your business is creating a workplace where people can thrive, right from day one.
