Introducing the five-month probation period

By Paul Marsh

The employment law landscape is changing in a way that should make employers sharper, not softer, about early performance decisions. The government has confirmed that the ordinary unfair dismissal qualifying period will fall from two years to six months for dismissals from 1 January 2027. In practical terms, that means the old habit of letting things drift for ages is no longer a sensible management approach.

That is why a five-month probation period is increasingly sensible. It creates a clear window to assess whether a new hire is really working out, while still leaving time to act before the six-month point becomes critical. A five-month review forces managers to make a proper judgement in time, rather than sitting on concerns and hoping they disappear.

The main benefit is discipline. Probation is not supposed to be a gentle holding pattern. It is a structured decision period. By month five, a manager should know whether the employee is performing, fitting the culture, showing the right judgement, and developing at the pace the role requires. If the answer is yes, the employee should be confirmed with confidence. If the answer is no, action should already be under way. What should not happen is confusion, hesitation, or repeated informal extensions that merely postpone an unavoidable decision.

For employers, the practical value is obvious. A five-month probation period creates space for two or three meaningful review conversations, a mid-point correction if needed, and a final decision before the risk window tightens. It also encourages better line management. And if you stick with the popular six-month probation period, that's ok: but remember that dismissing and paying in lieu right up to the wire means you may still have triggered the six-month qualifying period!

A new employee starting employment on or after 1st July this year will benefit from the new protection - so we all need to act quickly.....

Our signature Managing Performance for Overnight Results workshop has been completely refreshed. It now includes practical techniques to manage the critical first few months, giving managers the confidence to confirm employment or, where needed, address underperformance with the process and documentation required to reduce legal risk, including early-stage claims such as discrimination.

The new workshop also includes a unique, practical template that enables managers to:
- Structure induction, training and familiarisation
- Build results-focused objectives around immediate priorities, including whether the employee is developing 'self-sufficiency'
- Address concerning behaviours and habits using a new approach

The two-hour in-Company session is £799 plus VAT (groups of up to 12)
The session delivered 'live' online is 90 minutes long - £699 plus VAT (groups of up to12)

Contact paul@lightbulb.work