Why do probationary periods matter?

Probationary periods are often overlooked in schools, particularly for teachers. It is often assumed that once a teacher has completed their ECT (or NQT if they've been teaching for longer), you can dispense with a probationary period when recruiting a teacher - the rationale being that their skills are 'a given' as they have already met the requisite standard for teaching.

We advise that you always insist on a robust probationary period for teaching staff, whichever pay scale you are recruiting to. You should follow the same approach with support staff.

Why now more than ever?

The law is changing. Employees will gain 'day-one rights' to claim unfair dismissal, with effect from October 2026, meaning that the current two year window to potentially cut corners with fair dismissals (procedurally and/or substantively), without risk of a tribunal challenge, will disappear for employers. Employees that you are recruiting now will gain 'day-one' rights within the two year window that some employers have previously relied on. It is important to make changes to your processes to ensure they are fair and robust, to identify and address any issues with your new starters from the very outset of the employee relationship.

The time when a new starter joins is often busy - you may have had to cover the previous incumbent's role whilst waiting for the replacement to join - all of which can mean that as soon as they walk through the door, you are busy getting on with the business of running the school and probationary periods can fall by the wayside. Yet failing to actively manage a probationary period can lead to long-term issues, including underperformance, unresolved conflict, or challenging HR processes later on.

As a school leader, actively managing probationary periods isn’t just good practice - it’s a strategic responsibility. These early weeks and months set the tone for a new employee’s expectations, performance, and engagement. More importantly, it provides a structured opportunity to identify support needs, clarify expectations, and make informed decisions about long-term employment.

Why does it matter?

• Ultimately first impressions count. A structured approach to managing probation signals to your new employee that your school is professional, supportive, and performance-focused. Failing to take an active interest in their arrival at school may cause a new starter to reconsider their decision, and possibly even decide to leave - meaning all that hard work you'd put into recruiting them has to be redone.

• Early patterns become habits. Monitoring and reviewing performance allows you to address concerns early on and can prevent problems becoming entrenched.

• Legal and HR implications. Whilst you will be hoping that you made the correct recruitment choice, sometimes it just doesn't work out. The probationary period is the most flexible time to make difficult decisions if the fit isn’t right.

Practical tips for managing probation effectively

• Set clear expectations from day one: outline key responsibilities, performance standards, and behavioral expectations. Put them in writing and revisit them during reviews.
• Schedule formal check-ins: hold structured meetings at regular intervals—typically at 4 weeks, midway, and well in advance before the probation ends. Use these to review performance, provide feedback, and discuss support needs.
• Give constructive feedback early and often: don’t wait until a formal review to raise concerns. Address issues promptly and document your conversations. Importantly be sure to clarify if there are concerns that need addressing in order for the probation to be passed successfully.
• Support, don’t just assess: use the probationary period to coach and guide, not just evaluate. Provide access to mentors, resources, or training if gaps are identified.
• Keep records: document all meetings, feedback, and action plans. This ensures transparency and mutual understanding, as well as protecting the school if employment decisions are challenged.
• Make a timely decision: don’t let probation lapse without a formal decision. Either confirm the appointment, extend or end it based on clear, objective documented evidence.

When you take a structured approach to managing probation, you set clear expectations, support new staff effectively, and make timely decisions when things aren’t working out. It’s not just a box to tick—it’s about building a strong, high-performing team from the very start.

By taking a proactive, fair, and structured approach to managing probation, school leaders protect the integrity of their team and help every new hire succeed—or exit—appropriately. It’s not just about compliance; it’s about setting the standard for excellence from day one.

If you would like more help with any of these issues or any other HR concerns, please contact Sue Meehan Boyes in the NQHR team, on 07384 468797.