Probation Periods: What Small Sheffield Employers Get Wrong
A probation period is one of the most useful tools a small employer has — a genuine opportunity to assess whether a new hire is right for the role before full employment protections build up. But it's also one of the most commonly mismanaged parts of the employment relationship. Here's where it goes wrong.
Mistake 1: Not actually using it
The single biggest mistake is having a probation period in the contract and then never referring to it again — no check-ins, no documented review, no formal sign-off at the end. If it's never been actively managed, it offers you very little practical protection or insight when a genuine problem later emerges.
Mistake 2: Assuming probation removes all employment rights
Probation doesn't remove statutory rights like the right to a minimum notice period, protection from discrimination, or the right not to be dismissed for certain automatically unfair reasons — even on day one. It mainly affects unfair dismissal protection, which generally doesn't apply until an employee has been continuously employed for two years, regardless of whether they're technically still "on probation."
Mistake 3: No structured review before extending or confirming
Extending someone's probation, or confirming it, should follow an actual review — specific feedback, clear examples, a documented conversation — not a vague sense that things are "probably fine" or "probably not working." Vague, undocumented decisions are hard to stand behind later if the employee disputes the outcome.
Mistake 4: Silence until the very end
If performance or conduct concerns exist during probation, they need to be raised as they arise, not saved up for a single conversation in the final week. An employee should never be surprised by the outcome of their probation review.
Mistake 5: Treating probation dismissal as risk-free
Dismissing during probation, particularly before two years' service, carries much lower unfair dismissal risk than dismissing a longer-serving employee — but it isn't risk-free. Discrimination claims, automatically unfair dismissal reasons, and whistleblowing protections can apply from day one regardless of length of service. A probation dismissal still needs a genuine, fair, and properly evidenced reason.
What good probation management looks like
Clear objectives set at the start, ideally in writing
Regular, informal check-ins throughout
At least one structured mid-point review with documented feedback
A clear, documented decision at the end — confirm, extend with specific reasons, or end employment
Consistency in how probation is applied across different hires
Getting the structure right
A well-run probation process protects both the business and the new hire — it gives genuine, fair opportunity to succeed, and gives you a properly evidenced basis for any decision if things don't work out.