Why working with expert HR consultants makes managing probation easier
When a new hire doesn’t meet expectations, it can feel frustrating and time-consuming. The good news is, probation gives you a fair and structured way to deal with it while protecting your business.
As HR consultants in Edinburgh, we help small businesses handle these situations with confidence and care. Here’s how to manage probation effectively, from day one.
What probation really means
A probation period isn’t a legal requirement, but it’s a useful tool for both employers and employees. It gives you time to confirm whether the person is the right fit, and the employee time to decide if this is the right role for them – while allowing for shorter notice periods and delayed access to certain benefits.
However, it’s not a legal loophole. Employees still have statutory rights from day one, including protection from discrimination, the right to minimum wage, and paid holiday. Treating probation fairly protects both your business and your reputation.
Setting new hires up for success
The best way to avoid problems later is to start strong:
- Set clear expectations – share measurable goals and explain what good performance looks like in your business.
- Provide a structured induction – introduce them to your team, processes, and systems. If issues arise despite proper onboarding, you’ll know they’re not caused by poor preparation.
Keep communication open
Probation shouldn’t feel like a mystery to your new employee. Stay engaged and proactive:
- Schedule regular check-ins – weekly at first, then monthly as they settle.
- Give honest feedback early – don’t wait until the end to raise issues.
- Keep written notes – summarise discussions and agreed actions. This creates transparency and a clear record of progress.
Support before decisions
If performance or attitude becomes a concern, offer genuine support before considering dismissal:
- Understand the cause – is it unclear expectations, training gaps, or something personal?
- Offer practical help – extra guidance, training, or reasonable adjustments can make a big difference.
- Encourage openness – ask what the employee feels they need to succeed.
When it’s still not working out
If things don’t improve despite support, you have two main options:
- Extend probation – if your contract allows, extend it, with clear written reasons and measurable goals.
- End employment fairly – even during probation, follow a fair process:
- Invite the employee to a meeting in writing
- Explain your concerns clearly
- Give them a chance to respond
- Confirm the decision and include a right of appeal (good practice even if not required)
Why this matters for the future
Employment law is changing, with potential updates that could make unfair dismissal protection a day-one right for all employees. Building strong, transparent probation processes now means fewer risks and smoother management later.
A fair and consistent approach doesn’t just protect your business, it helps you build a culture where expectations are clear, and people know what success looks like.
