Preparing for Change: Probation Periods and Short Service Dismissals

At our recent HR Breakfast discussion, attendees considered how the upcoming changes to short service dismissals could affect recruitment, probation periods and employee management.

Whilst most employers are aware that changes are coming, many acknowledged that planning has not yet moved to the top of the agenda as organisations continue to focus on wider commercial and operational pressures. However, the discussion highlighted the importance of reviewing existing processes and considering whether current approaches to recruitment, probation management and employee performance will remain fit for purpose.

Probation Periods and Short Service Dismissals

A key area of focus was the role probation periods will play under the new framework for short service dismissals.

Many HR professionals felt that probation periods will become increasingly important, providing employers with an opportunity to assess whether an employee has the skills and capability required to perform the role successfully. Several attendees discussed the benefits of reducing probation periods to around four months, with the option to extend to five months where additional support or assessment is required.

This approach gives managers sufficient time to work with new starters, address concerns and make informed decisions before employment progresses further.

Attendees also noted that employers may need to give greater consideration to the use of fixed-term contracts and how these align with probation arrangements under the new framework.

Raising Concerns Early

Whether issues relate to performance, conduct or attendance, employers were encouraged to have regular conversations with employees throughout their probation period rather than waiting until the final review meeting. Early intervention allows concerns to be addressed constructively and gives employees a genuine opportunity to improve.

Regular check-ins can also help managers identify training needs, provide additional support and ensure expectations are clearly understood from the outset. As changes to short service dismissals approach, organisations may find that proactive performance management becomes increasingly important.

Supporting Managers Through the Process

The discussion highlighted the important role managers play in the success of probation periods.

Several attendees noted that structured probation review forms can be particularly helpful, not only for consistency but also for prompting managers to hold regular review meetings, document concerns and provide meaningful feedback throughout the probation period.

For HR teams, providing managers with straightforward processes, templates and reminders may help ensure probation reviews are completed at the appropriate stages and that any issues are identified and addressed promptly.

Recruitment Processes May Need to Change

Many attendees felt that recruitment decisions may need to place greater emphasis on assessing whether candidates have the skills and competencies required for the role, rather than focusing too heavily on cultural fit at the recruitment stage. Whilst workplace culture and team dynamics remain important, attendees recognised that these factors are often better assessed once an individual has had the opportunity to settle into the organisation.

As a result, HR professionals may wish to review recruitment and onboarding processes to ensure they are identifying and assessing the right attributes from the outset.

Considering Individual Circumstances

Attendees also discussed the potential impact the changes could have on neurodivergent employees and candidates.

In some cases, individuals may require additional time to communicate concerns, adapt to a new environment or demonstrate their full capabilities. This highlighted the importance of managers maintaining regular dialogue, remaining alert to individual needs and ensuring appropriate support is available where required.

Taking a proactive and supportive approach can help employers achieve fairer outcomes whilst also retaining talented employees who may benefit from a different style of management and communication.

Preparing for the Future

The discussion highlighted that the proposed changes to short service dismissals are likely to have a significant impact on recruitment, probation management and employee relations.

HR teams that review their processes now, equip managers with the tools they need and place greater emphasis on early conversations and robust record keeping are likely to be in a stronger position when the changes take effect. Probation arrangements, fixed-term contracts and dismissal decisions may all require closer consideration, particularly where there may be potential claims beyond ordinary unfair dismissal.

As with many employment law changes, preparation is likely to be key. Taking the time to assess current recruitment practices, probation procedures and performance management processes now may help employers avoid more complex challenges in the future.

If you would like to discuss how the proposed changes to short service dismissals could affect your organisation, our Employment Team is on hand to provide practical, commercially focused advice.

About the Author

Umeshika joined Machins Solicitors as a paralegal in the Employment Team in October 2025. A First-Class Law graduate from the University of Kent, she brings strong academic credentials and practical experience from a vacation scheme and volunteering at Kent Law Clinic. Umeshika is passionate about law and committed to a client-focused approach as she builds her legal career.