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Probation periods – are you setting up for success?

29 Jul 2026 | BALI Member News

Probation periods are an important part of employment, giving businesses the chance to see how a new recruit settles into their role, while also giving the employee time to adjust to the demands of the job.

Handled well, probation periods will provide structure and clarity for both employers and employees. But, handled poorly, they can create risk and uncertainty. Below, we set out key guidance to ensure you’re managing your probation periods effectively.

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What is a probation period?

A probation period is the initial stage of employment where you can assess if someone is the right fit for your business. Typically lasting between three months and six months, probation periods allow you to monitor performance, conduct, and attitude, while also giving the employee the opportunity to demonstrate their skills and commitment.

The terms of probation should always be written into the employment contract, covering the length of the period, the notice required, and whether an extension may be applied. A vague or missing probation clause can make it more difficult to manage staff fairly and consistently.

Setting staff up for success

Probation periods should never be viewed simply as a tool to allow for a quick dismissal. It’s about giving new employees every chance to succeed. From the start, be clear on the standards you expect, provide access to the right training, and explain your company policies in depth. Checking in early – ideally at one month and again mid-way through probation – will help you catch small issues before they develop into bigger problems.

These meetings don’t need to be overly formal, but they should be documented. Keeping a short record of discussions, targets, and progress provides evidence of fair treatment and will support any later decisions you make.

Extending or ending probation

Sometimes an employee shows promise but hasn’t yet reached the required standard. In these cases, extending their probation period could be a fair and balanced option. Any extension should be confirmed in writing, with a clear plan for what needs to improve and when the next review will take place.

If, however, performance or conduct falls well below expectations despite feedback and support, it may be necessary to end their employment. Even during probation, you must follow a fair process.

This means discussing the concerns with the employee, giving them the chance to respond, and confirming your decision in writing. Skipping over these steps could create unnecessary risk, especially in light of potential legislative changes.

Common pitfalls for employers

Probation periods often go wrong when reviews are missed or left until the very end. By that stage, it may feel too late to address issues, and you can end up keeping someone in a post who isn’t right for the role. Another common problem is inconsistency – such as treating one employee more favourably than another in a similar situation. This can often lead to claims of unfairness, so it’s important to always follow a clear and fair process.

Finally, failing to keep written records of meetings or decisions makes it difficult to defend your actions if challenged. Good documentation doesn’t have to be complicated, but it does need to be clear.

Why now is the time to review your approach

The UK Government’s plans to introduce day one rights for unfair dismissal are a reminder that probation policies should not be an afterthought. Landscapers should act now to make sure their contracts, policies, and practices stand up to scrutiny. A fair and structured probation process not only protects your business but also supports new employees to thrive in their roles.

Need help with probation policies?

Managing probation periods effectively is essential, but it doesn’t have to feel daunting. As a BALI member, you have unlimited access to our HR, Health & Safety, Legal, and Tax & VAT Advice Lines on 0116 243 7881.

You can also access our Document Library of over 700 templates – including probation policies, employment contracts, and review forms.

To gain a full understanding of your business’ compliance position, why not book a free, no-obligation One2One Business Review with one of our specialists? Call 01455 852 028 today to arrange your personalised consultation.

Contact: questcover.com

Please note: this article was originally published in BALI's Landscape News Autumn 2025 issue. The original article, and more, can be read here.

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