The Employment Rights Act will significantly change how employers manage new starters. From 1 January 2027, employees will gain the right to claim ordinary unfair dismissal after just six months’ continuous service, making effective probationary management more important than ever.

Our free Probationary Period Resource Pack provides practical guidance, checklists and templates to help employers strengthen their recruitment and onboarding processes, reduce legal risk, and ensure managers are equipped to make informed decisions throughout probation.

What’s included?

This downloadable resource pack contains three practical documents designed to help employers prepare for the upcoming changes:

• Probationary Period Factsheet & Managers’ Checklist – explains the legal changes, the role of probationary periods, and the practical steps managers should follow.
• Example Probationary Period Policy – a customisable policy template to help organisations implement a structured and legally informed probation process.
• Manager Review Template – a practical review form to support consistent performance discussions, objective setting and record keeping throughout probation.

Together, these resources provide a practical framework for managing probationary employees fairly, consistently and confidently.

Why probationary periods matter

Although probationary periods are not a legal requirement, they are an important contractual tool for assessing whether a new employee is suitable for their role.

With the qualifying period for ordinary unfair dismissal reducing from two years to six months from 1 January 2027, employers will have a much shorter timeframe in which to identify performance or conduct concerns and take appropriate action.

A well-managed probationary process enables employers to:

• Set clear expectations from day one.
• Monitor performance and conduct through regular reviews.
• Maintain accurate records of meetings and objectives.
• Provide appropriate support, training and feedback.
• Make informed decisions before statutory employment protections apply.
• Demonstrate a fair, consistent and well-documented process if employment ends during probation.

Who should download this pack?

This resource has been developed for:

• HR professionals
• Business owners
• Directors and senior leaders
• Line managers responsible for new starters
• In-house legal teams
• Anyone responsible for recruitment, onboarding or employee performance management

Whether your organisation already operates probationary periods or is reviewing its approach ahead of the Employment Rights Act reforms, this resource offers practical guidance you can implement immediately.

How this resource helps employers prepare

The resource pack focuses on practical implementation, helping organisations move beyond simply having a probation clause in an employment contract.

It explains how to build a structured probation process that includes clear objectives, scheduled review meetings, effective documentation and consistent decision-making. It also highlights the legal risks that can still arise during probation, including discrimination and automatically unfair dismissal claims, and outlines best practice for managing dismissals where necessary.

By taking proactive steps now, employers can reduce risk and ensure managers are prepared before the new six-month unfair dismissal qualifying period takes effect.

Employment law support from Flint Bishop

Preparing for the Employment Rights Act involves more than updating contracts. Employers should review their probation policies, manager training, onboarding processes and documentation to ensure they remain fit for purpose.

Our Employment team advises employers across England and Wales on all aspects of employment law, including probationary periods, contracts of employment, workplace policies, dismissals, disciplinary procedures and the wider Employment Rights Act reforms.

If you require tailored advice or would like assistance reviewing your documentation, our specialists are here to help.

Download the probationary period resource pack

Complete the form on this page to download your free resource pack and start preparing your organisation for the Employment Rights Act changes coming into force from 1 January 2027.

Download the resource pack

Disclaimer

The information contained in this resource pack is provided for general guidance and informational purposes only. It reflects our understanding of the Employment Rights Act and related reforms as at the time of publication, which are subject to change. This content does not constitute legal advice and should not be relied upon as a substitute for obtaining tailored advice specific to your organisation’s circumstances. Professional legal advice should always be sought before taking, or refraining from taking, any action based on this information. While every effort has been made to ensure accuracy, no responsibility is accepted for any loss arising from reliance on this material.