What to Do When a New Hire Isn’t Working Out During Probation

It’s a horrible feeling. You hired someone promising and within a few weeks your gut is telling you something isn’t right. They’re not settling, they’re not performing or something just feels off. Probation exists for exactly this reason but handling it fairly and protecting your business at the same time takes a steady approach.

What probation actually means

Probation isn’t a legal requirement. It’s simply a contractual trial period that allows you to use shorter notice periods and delay certain contractual benefits, depending on your employment contract. What probation doesn’t do is remove statutory rights. From day one, your new hire still has rights to minimum wage, holiday pay and protection from discrimination.

How to manage probation properly

Set clear expectations from the start

Probation only works if people understand what good performance looks like. Give your new starter a clear job description and specific goals for their first six months. Spell out the standards in your business and what you expect to see.

Get the basics right

A decent induction is the foundation. Show them the essentials, introduce the team and make sure they know the systems. If someone still struggles after proper onboarding, the problem is unlikely to be the induction.

Review regularly and keep notes

Frequent check ins make a huge difference. Weekly at the beginning, shifting to monthly once they’re more established. Keep notes of discussions, progress and agreed actions. Send simple follow ups so everyone is clear. Tackle concerns early with specific feedback.

Give them a fair chance to improve

If someone is slipping, work out why. Often the fix is small. Extra training, clearer instructions or adjusting how work is organised. Ask what would help. They may have ideas you haven’t thought of.

When things still aren’t working

Consider extending probation

If you’re unsure but feel they might make it with a bit more time, you can extend their probation. Usually by around a month. Put it in writing and be clear about what needs to change. This only works if your employment contract allows for extensions and you should avoid repeat extensions.

If you need to dismiss

Sometimes it just isn’t the right fit. Even during probation you still need to follow a fair process. Invite them to a meeting in writing. Explain the concerns. Let them respond. Confirm any decision in writing and give a right of appeal. This reduces the risk of discrimination or automatic unfair dismissal claims, which don’t require two years’ service.

Consider upcoming changes

The Employment Rights Bill is bringing protection from unfair dismissal to six months (instead of 2 years). These changes are expected to start phasing in from late 2026 into 2027 but the detail is still subject to Royal Assent. Either way, now is the right time to tighten your probation process. Document it, make expectations clear and train managers on how to run reviews without delaying difficult conversations.

Making probation work for you

Probation should give you confidence, not anxiety. Set expectations early, review regularly, document what you see and act quickly when something isn’t working. It protects your business and gives new starters a fair chance to succeed.

If you’re unsure whether your process would stand up to scrutiny or you’re dealing with a probation that’s going off track, send us a message and we’ll help you navigate it.