Probation & new starters
A new hire isn't working out. Probation doesn't mean no risk.
Many owners assume they can let someone go in probation with no comeback. That assumption is where the problems start.
A new starter who isn't right for the role needs handling promptly. But 'they're on probation' isn't the free pass most owners think it is, and a clumsy exit can still lead to a claim.
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★★★★★ 5.0 from 17 Google reviews · FCIPD Chartered Fellow
Written and reviewed by Samantha Newton FCIPD, Chartered Fellow CIPD · 25+ years' employee relations experience · Last reviewed June 2026
At a glance
- What it is
- Deciding fairly whether a new hire is right, during probation.
- Main risk
- Assuming probation removes all risk; some claims apply day one.
- First step
- Set clear expectations from day one and review regularly.
- Typical timescale
- The probation period, managed throughout.
The 'they're on probation' trap.
You've hired someone, and within a few weeks it's clear they're not right. The instinct is to end it quickly, after all, they're still on probation.
The catch is that probation is a contractual idea, not a legal shield. Some claims, particularly discrimination, apply from day one, regardless of length of service. End it the wrong way and a quick decision becomes a slow, expensive one.
Handled properly, a probation exit is straightforward. It just needs a fair, brief process rather than an abrupt 'this isn't working'.
Typical situations supported
If any of these sound familiar, you're in the right place.
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Where probation exits go wrong for employers
The mistakes nearly always come from assuming probation removes all risk:
Ending employment abruptly with no process at all
Assuming length of service rules out every type of claim
Missing that the real issue might be a health condition
Giving no feedback or chance to improve where it was reasonable to
Not following the notice and contractual terms correctly
Poor or no documentation of why it wasn't working
Discrimination claims don't need two years' service. That's the risk owners most often miss in probation.
What's at stake
What's actually at risk
Probation lowers some risks, but not all of them, and the ones that remain can be serious.
- Discrimination claims, which apply from the first day of employment
- Breach of contract if notice or terms aren't followed
- A claim where the underlying issue was health or disability related
- Reputational risk from a new starter exit handled badly
The good news is that a short, fair process is usually all it takes to make a probation exit clean and low-risk. Knowing where the genuine risks sit is the key.
The process
Managing probation, step by step
A clear, fair process is what protects you at every stage. Here's how it runs, and where Samantha guides you through it.
Expectations
Set out what good looks like from day one.
Review
Meet regularly with honest, two-way feedback.
Support
Give a fair chance to meet the standard.
Decision
Confirm, extend, or end probation fairly.
- 1
Expectations
Set out what good looks like from day one.
- 2
Review
Meet regularly with honest, two-way feedback.
- 3
Support
Give a fair chance to meet the standard.
- 4
Decision
Confirm, extend, or end probation fairly.
How Magenta HR helps
Samantha helps you handle a probation or new-starter situation quickly and cleanly, without tripping over the risks that remain:
A quick read on whether there's any hidden risk in the exit
A short, fair process that stands up if questioned
Guidance on honest, clear feedback to the employee
A check that notice and contractual terms are handled correctly
Simple documentation of the decision
Advice on the rare cases where more care is needed before acting
Most probation situations are resolved in a single conversation with Samantha. You get a clean exit and peace of mind.
How I work
The Magenta Method
A clear, four-step approach so you always know where you stand and what happens next.
Understand
We get a clear, honest picture of what's really going on, beneath the surface.
Assess the risk
Your legal exposure and commercial impact, explained in plain English.
Plan the right path
Realistic options and the correct steps, in order, written up within 48 hours.
Resolve & protect
Support through it, then keep you protected so the next issue is caught early.
Real situation · anonymised
Probation & new starters
A struggling new starter exited fairly during probation
Three months in, the client-facing hire wasn't working out.
Situation
An employee appointed to a client-facing role was clearly not meeting expectations at the end of their three-month probation. The owner wanted to act but worried about doing it wrongly.
What changed
Samantha confirmed the concerns were genuine and evidenced, checked there was no hidden discrimination risk, and guided a short, fair probation process rather than an abrupt end.
Outcome
Employment ended fairly during probation, correctly handled and documented, with no challenge raised.
Owner, owner-managed business
Reviewed by Samantha Newton FCIPD, Chartered Fellow of the CIPD, with 25+ years handling situations like this.
Common questions
Can I just let someone go during probation?+
Often yes, but not with zero process. Some claims, especially discrimination, apply from day one. A short, fair process and clear notice are what keep a probation exit clean. Acting abruptly is where the risk lies.
Do I have to give a reason?+
It's wise to give honest, clear feedback even where you're not strictly required to. It reduces the chance of a disgruntled exit turning into a claim and it's simply fairer to the person.
Should I extend probation or end it?+
That depends on whether there's a realistic prospect of improvement. Sometimes a short extension with clear expectations is right; sometimes a clean exit is fairer to everyone. Samantha will help you decide quickly.
What if the new starter has a health condition?+
That changes things and needs care, because disability discrimination protections apply from day one. It doesn't mean you can't act, but you need the right approach. This is exactly when to get advice before doing anything.
How much notice do I have to give in probation?+
Whatever your contract specifies, plus the statutory minimum once it applies. Getting notice wrong is a simple but common mistake. Samantha will make sure it's handled correctly.
Ready to sort this out
Get a clear, honest read on your situation
Start with the free Situation Check to understand exactly what you're dealing with, or book a free consultation and talk it through with Samantha directly.
You deal directly with Samantha, no call centre, no junior, and if you can handle it yourself, she'll tell you. Getting it wrong can run to five figures; a focused session starts from £495 + VAT, with a written plan in 48 hours.
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