Probation and Induction

Probation and Induction

The induction process is essential in ensuring that the employee understands their new role, how it fits within the organisation, the culture, work environment and the rules and procedures that they are expected to adhere to as well as the people with whom they will interact. 

A well designed and implemented induction process will reduce the risk of misunderstandings that can lead to performance concerns arising.

New employees are commonly required to serve a period of ‘probation’ to establish suitability for the role. Probation periods are distinct from induction and run for a fixed period, historically many employers have used a period six months. The employee may have their employment terminated prior to or at the end of a probationary period, if the employer determines that performance is unsatisfactory.  Shorter notice periods generally apply during probation (subject to statutory notice periods).

The interplay between the length of a probationary period and and employee rights to claim ordinary unfair dismissal

Probationary periods are only beneficial as a means to assess suitability and, if necessary, terminate employment with less risk of legal challenge and often with a shorter process when used for employees who do not meet the threshold at which ordinary unfair dismissal rights apply.  

Forthcoming changes to ordinary unfair dismissal rights 1 January 2027

The threshold at which ordinary unfair dismissal rights apply will reduce from two years of continuous service to 6 months of continuous service on 1 January 2027. The reduced threshold will apply to new employees with an employment start date on or after 1 July 2026.  

Impact of changes to ordinary unfair dismissal rights to  employer probationary  practice effective 1 July 2026

From 1 July 2026 it is recommended that any probation period does not extend beyond five months.  For example, an initial three-month probation period, with provision for an extension of two months where necessary.  In cases where an employee does not successfully pass their probationary period a shorter initial probationary period allows employers adequate time to review performance and give notice to an employee that their contract of employment will be terminated within the initial six months of employment, ensuring the  employee does not meet the continuous service threshold of six months necessary to accrue ordinary unfair dismissal rights.  Acting early and fairly will be key to avoiding legal risks in the future, and a robust probationary process will help ensure your decisions are sound.  

What's in this topic area

In this topic area, you’ll find Guidance and our Resources, which includes our template policy and a wide range of letters and other template resources to support managing the induction and probationary period for your staff. 

If you need support in managing the induction or probation of an employee, please do not hesitate to contact us.