12 November 2025

Practical steps for when a new hire isn't working out during their probation

As an HR consultant in Manchester, we help business owners manage new hires fairly and confidently during probation
Practical steps for when a new hire isn't working out during their probation

Bringing a new person into your team is exciting. You’ve invested time, money, and energy into finding the right person, so it can be disappointing when things don’t go as planned.

Probation periods exist for exactly this reason. They give both you and your new hire time to confirm whether the fit is right, and with the right structure, you can handle issues quickly, fairly, and with minimal stress.

Understanding what probation really means

Probation isn’t a legal requirement, but it’s a valuable contractual tool that gives flexibility for both sides. Typically, it allows for:

  • Shorter notice periods: Often just one week instead of a full month.

  • Delayed benefits: Access to things like private healthcare or enhanced holiday might start after probation.

It’s important to remember that statutory rights still apply from day one. This includes minimum wage, holiday pay, and protection from discrimination. A fair, transparent process protects both your employee and your business.

How to manage probation effectively

Strong foundations and clear communication make all the difference. Here’s how to get it right from the start.

1. Set clear expectations from day one

Give your new hire:

  • A clear job description with measurable goals.

  • Defined performance standards.

  • Regular feedback on what good looks like.

2. Get onboarding right

A structured induction helps prevent problems later. Cover how your business operates, introduce key people, and provide the training they need to perform well. If issues still arise after good onboarding, it’s likely a performance issue, not a process one.

3. Review regularly and keep notes

Schedule regular check-ins - weekly at first, then monthly as they settle in. Document each conversation, agreed actions, and progress made. This builds a fair and transparent record for everyone.

4. Give them a chance to improve

If performance isn’t where it should be, identify the reasons. Offer extra training, clearer guidance, or adjusted support where needed. Ask what would help them succeed. This approach shows fairness and support while protecting your business.

When things still aren’t working out

Despite best efforts, sometimes the fit just isn’t right. When this happens, follow a clear process.

Extending probation

If your contract allows, you can extend probation (usually by one month). Put the reasons and new goals in writing to ensure clarity.

Dismissal during probation

If dismissal becomes necessary:

  • Invite the employee to a meeting in writing.

  • Explain your concerns clearly.

  • Let them respond.

  • Confirm your decision in writing, including their notice and right of appeal.

This fairness reduces risk and keeps your process compliant.

Future considerations

Employment law continues to evolve. With the proposed Employment Rights Bill (expected around 2026–27), employees may gain day-one protection from unfair dismissal. Strengthening your probation process now is a proactive way to reduce future risk.

Proactive steps to protect your business

  • Document your process: Make it part of your handbook and contracts.

  • Train managers: Give them confidence to review fairly and consistently.

  • Address concerns early: Deal with issues before they grow.

How an HR consultant can help

As outsourced HR consultants, we help small businesses manage probation periods confidently and compliantly. We can:

  • Review and strengthen your probation procedures.

  • Train managers on fair, consistent reviews.

  • Support you with tricky cases or dismissal decisions.

  • Keep your policies aligned with upcoming employment law changes.

We’re here to help

If you’re finding it difficult to manage a new hire who isn’t performing, or you want to make sure your probation process is watertight, we can help.

As an outsourced HR consultant in Manchester, we help business owners like you handle people challenges calmly, fairly, and confidently.

Book a confidential call today, and let’s discuss how we can protect your business and set your team up for long-term success.



We cover the UK.

Areas we cover in Manchester include

  • Denton
  • Crewe
  • Piccadilly
  • Eccles
  • Cheadle
  • Stockport
  • Oldham
  • Rochdale
  • Bolton

Reach Out

Whether you’re facing a difficult situation or just need some guidance and a friendly ear, we’re here to help. 

Fill out the form and one of our employment law experts will be in touch. Let’s start the conversation and find the support that’s right for you.

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