What Happens at a Probation Review Meeting

For years, many UK employers have treated probation as a low-risk period in which a new starter who is not working out can be let go with little process. That assumption is about to change. With the qualifying period for ordinary unfair dismissal claims falling from two years to six months from 1 January 2027, probation reviews are becoming one of the most important meetings an employer holds.

This post explains what a probation review meeting involves, what each party can expect, and how to run one well in light of the changes. It is written primarily for employers and managers, but it is also relevant for new starters who want to understand how their probation will work.

What probation is, and what is changing

A probationary period is a set period at the start of employment during which the employer assesses whether the new employee is suitable for the role. It is a contractual and practical device rather than a legal category. It does not, by itself, remove any statutory rights, and it does not change the fact that claims for discrimination, whistleblowing and other automatically unfair dismissals can be brought from day one.

What has changed is the qualifying period for ordinary unfair dismissal. Under the Employment Rights Act 2025, the qualifying period falls from two years to six months for dismissals taking effect on or after 1 January 2027, and the statutory cap on the compensatory award is removed. Parliament stepped back from a day-one right, and the Government dropped the idea of a lighter-touch initial period. In practical terms, an employee who reaches six months' service will be protected, and the full fair procedure will apply from that point.

This matters for probation because many probation periods are three or six months long. An employer that waits until the last week of a six-month probation to raise concerns will be dismissing at the point the employee has just acquired the right to claim. Employees already in post with six months' service on 1 January 2027 will be protected immediately, and others will gain protection as they reach six months.

Before the meeting: preparation

A good probation review starts with a clear picture of what was expected. The manager should have the job description, the objectives set at the start, the induction plan and any notes from earlier one-to-ones. The review should be based on evidence, not impressions.

The employee should be told about the meeting in advance, ideally in writing, with reasonable notice. The invitation should say what the meeting is for, whether it is a routine progress review or a formal decision-making meeting, and what the possible outcomes are. If the employer is considering ending the employment or extending the probation, the invitation should say so. Where the meeting could lead to formal action, including dismissal, the employee has the statutory right to be accompanied by a trade union representative or a work colleague.

The manager should check the contract for what it says about the length of the probation, the right to extend it, notice periods during probation and what happens at the end. An employer that extends probation without a contractual right to do so risks a breach of contract.

It is also worth asking whether there is anything that might be affecting the employee's performance which the employer has not addressed. A new starter with a disability, a health condition or a neurodivergent profile may need adjustments, and the duty to make them applies from the first day.

At the meeting: what actually happens

A probation review works best as a structured, two-way conversation. The manager opens by explaining the purpose and format, and by setting out what will be discussed.

The manager then goes through performance against the objectives, using specific examples and evidence. This includes what is going well, not just what is not. New starters often need to hear what they are doing right as much as where they need to improve.

The employee is invited to respond and to give their own view of how things are going. They may have a different perspective on their workload, the support they have had or what they were told to expect. The manager should listen carefully and be willing to adjust the approach.

If there are concerns, they should be stated plainly and with examples, together with the standard required, the support that will be provided and the timescale for improvement. If the concerns are serious, the employee should be told what could happen if the position does not improve, including that their employment could be ended.

The manager and the employee should agree next steps and a date for the next review. If it is the final review, the outcome should be explained clearly: that the employee has passed probation, that probation is being extended, or that the employment will end.

The possible outcomes

There are three usual outcomes. The first is that the employee has met the required standard and is confirmed in post. This should be confirmed in writing, ideally with feedback and any development areas.

The second is that the probation is extended. This should happen only where the contract allows it and where there is a genuine reason, such as a period of absence, a need for more time to assess or a specific area for improvement. The employer should set out what needs to improve, the support that will be given and the new end date.

The third is that the employment ends. If the employee has enough service to claim unfair dismissal, or will do so before the dismissal takes effect, the employer should follow a fair procedure, including a proper meeting, the chance to respond and a right of appeal. The Acas Code of Practice applies to dismissals for poor performance and misconduct. The reason must be genuine, the employee must have had a proper chance to improve and the decision must be one a reasonable employer could make.

Even where the employee does not yet have the right to claim unfair dismissal, ending employment without care is risky. Discrimination, whistleblowing and other automatic unfair dismissal claims need no qualifying service, and contractual notice and any contractual process must still be followed.

What employers should do now

Employers with probationary periods should review their contracts, policies and practices in light of the January 2027 change. That means checking probation lengths and extension clauses, making sure managers hold regular reviews through probation and not just at the end, training managers to give honest feedback early, and keeping clear written records.

The draft revised Acas Code of Practice, consulted on until 23 September 2026 and expected to take effect in 2027, does not currently provide a lighter-touch process for short-serving employees. It places more emphasis on informal resolution, and on reasonable adjustments in formal processes. Employers should treat probation as a period to support and develop new starters, not a test to be passed or failed at the last minute.

The final word

A probation review done well is one of the best investments an employer can make. It gives new starters clarity and support, it gives the employer good information and it creates a sound record if things do not work out. With the law shifting towards earlier protection, the employers that will do best are those that have already made probation a genuine management process.