08 May 2026

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

How to Not Be Accused of Unfair Dismissal During Probation
Practical steps for when a new hire isn't working out during their probation

Claims of unfair dismissal during probation can be adversarial and emotive for both sides of the argument. But a poor fit during probation needs prompt handling. All the same, it needn’t involve drawn-out problems, rushed decisions, or avoidable risk.

After all, the last thing you want is allegations of unfair dismissal during probation. And thankfully, the risk is minimised by clarity, a fair process, and confidence in what to do next.

This article takes a deeper dive into key areas of the topic, including:

  • Performance improvement plan
  • Extending the probation period
  • Using managed HR services in Manchester to mitigate risks of unfair dismissal during probation – or if a claim is instigated against your business

What is Probation and What Does it Help You Do?

Probation gives employers a defined period to assess whether a new hire is right for the role. It helps you address concerns early, implement a performance improvement plan if needed, and make sound decisions before problems worsen.

Notably, it’s not a legal requirement. But it’s a powerful contractual tool for assessing performance, conduct, attendance, and suitability for the role early doors.

It enables:

  • Shorter notice periods
  • Delayed access to specific benefits
  • Formal review points
  • A clearer route for early intervention

But it’s not an excuse for hiring and firing at will. Employees on probation still have statutory rights from day one, including:

  • Pay
  • Holiday entitlement
  • Protection from discrimination

Accordingly, probation should be handled with care, because fair processes ease concerns and disputes about unfair dismissal during probation.

Set Early Expectations to Neutralise Unfair Dismissal Claims During Probation Later

Underperformance is harder to address when standards are vague. As a result, many probation issues start with poor communication.

So, make sure employees have the earliest access to key information like:

  • Clear job description
  • Defined duties and priorities
  • KPIs
  • Realistic understanding of what good performance looks like
  • Diarised review meetings

Besides managing expectations with employees, this also gives managers a solid framework for feedback and decisions.

Make Onboarding Count

A weak induction can lead to avoidable problems, because it’s harder to judge performance fairly if someone hasn’t been properly trained.

For this purpose, a sound onboarding process should cover:

  • Training on systems and procedures
  • Introductions to key colleagues
  • Clear explanation of responsibilities
  • Early opportunities to ask questions
  • Support suited to the role

This puts you in a better position to treat the issue as a genuine performance matter if concerns persist after a proper induction.

Review and Record Regularly

Regular reviews help you deal with issues before they become harder to manage. So, don’t leave them until the 11th hour.

And don’t forget to record the following things at each review:

  • What’s going well
  • Where standards aren’t being met
  • Examples of any concerns
  • Support provided
  • Actions agreed, including a performance improvement plan if necessary
  • Timescales for improvement or mutual agreement for extending probation period

At the end of the day, good record keeping helps offset claims of unfair dismissal during probation by demonstrating professionalism and know-how.

When to Design and Implement a Performance Improvement Plan

Not every probation issue leads to dismissal. In some cases, the employee simply needs clearer direction, more support, or firmer targets.

This is where a short performance improvement plan can come into its own by setting out:

  • Areas of concern
  • Standards required
  • Support or training offered
  • Next review dates
  • Outcome if improvement isn’t made

This measure serves the following dual purposes:

  • Helps the business show a measured approach
  • Gives the employee a fair opportunity to respond

When is Extending the Probation Period the Right Move?

Sometimes the progress made isn’t enough just yet to make the appointment permanent. In such cases, extending the probation period might be the way forward if contracts allow.

Put the extension in writing and include:

  • Reason for extending the probation period
  • Length of the extension
  • Improvements required
  • Any further support being offered
  • Date of the next review

These equitable common-sense measures keep expectations clear, avoiding confusion and the risk of allegations of unfair dismissal during probation.

Follow a Fair Process if Dismissal is Necessary

Dismissal might be the only outcome if an employee still isn’t suitable for the role. But the process still needs be fair and documented, even during probation.

To deliver this without inviting accusations of unfair dismissal during probation, a sound approach includes:

  • Inviting the employee to a meeting in writing
  • Explaining your concerns clearly
  • Allowing them to respond
  • Confirming the outcome in writing
  • Setting out notice and appeal arrangements

This helps protect the business by putting you in a more defensible position if the decision is challenged.

When External Managed HR Services Make All the Difference

Once bitten, twice shy. This is why many businesses that’ve had a brush probation turn to managed HR services for help with future compliance. And many will tell you how their issues felt straightforward at first… until performance concerns, poor records, or legal risk entered the picture.

But prevention is always better than a cure.

At Taurus HR & Employment Law, our expert managed HR services help you take control early, apply fair process, and make better decisions.

We support you with practical advice, extending probation period decisions, performance improvement plan support, and protecting you from claims, while keeping the process fair.

Support extends across Greater Manchester, including:

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

And if you’re concerned about unfair dismissal during probation, or a probation issue has already escalated? Get in touch for market leading support managed HR services and legal representation.

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.

By submitting this form, you agree for a representative of Taurus HR and Employment Law to contact you.

Taurus HR Solutions Ltd are authorised and regulated by the Financial Conduct Authority for claims management activity.

Employees: You do not need to use a Claims Management firm (CMC) to make a claim, you can make a claim yourselves for free. You make the claim yourselves to your employer, or by submitting a grievance, or may wish to seek advice from ACAS or the Citizens Advice Bureau.

By using the services of a claims Management firm, it does not mean your claim will be resolved more quickly, or have a better prospect of success, or a better outcome, than if you were to make the claim yourselves for free.

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Call us now and speak directly with one of our employment law experts.

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