The Art of Feedback: Why Getting It Right During Probation Has Never Mattered More

Feedback is one of the most powerful tools a manager has. Used well, it builds confidence, accelerates performance and strengthens working relationships. Used poorly, or not used at all, it creates confusion, erodes trust and, from January 2027, could leave your business exposed to a significant legal risk.

The Employment Rights Act 2025 is the most substantial shake-up of UK employment law in a generation. Among its most immediate and practical impacts is a fundamental change to unfair dismissal law: the qualifying period for an employee to bring an unfair dismissal claim is being reduced from two years to just six months, effective from 1 January 2027. Business.gov.uk

What organisations are forgetting is that any new joiners in your business from 1st of July 2026 are now protected under this legislation.

For business owners and people managers, this changes everything about how probation periods need to be managed. And feedback sits right at the heart of it.

What the ERA 2025 means in practice

Until now, most employers have relied on the two-year qualifying period as a buffer. If a new hire was not working out, there was time to observe, reflect and, if necessary, part ways without the risk of an unfair dismissal claim. From 1 January 2027, that window closes. Any employee with six months of service will be able to bring an unfair dismissal claim, regardless of whether they are still technically within their probationary period.

The compensation cap on unfair dismissal awards is also being removed, significantly increasing the financial exposure for employers who get this wrong. Business.gov.uk

Employment law practitioners are broadly recommending a move to a three-month probationary period, with an option to extend by one month if needed, to ensure all decisions on performance are made well in advance of the employee reaching six months' service. Farrer & Co

But here is the critical point that often gets lost in the legal commentary: shortening your probation period only works if you are having the right conversations within it. And that means getting feedback right from day one.

Why feedback so often falls short

Most managers understand that feedback matters. Far fewer do it consistently or well. In many organisations, new starters receive an initial onboarding conversation and then very little structured input until something goes wrong, or until their probation review lands in the diary as a formality.

This approach has always been a missed opportunity. From January 2027, it becomes a liability.

The most common feedback failures I see in organisations are subtle. A manager who notices a concern but assumes it will resolve itself. A check-in that gets pushed back because something more urgent came up. A probation review that happens on time but says very little of substance because nobody has documented anything throughout the process.

When a decision needs to be made at the five-month mark, and there is no paper trail of conversations, concerns raised, support offered or progress reviewed, businesses find themselves in a very difficult position.

What great feedback during probation actually looks like

The good news is that getting this right does not require a complex system. It requires consistency, honesty and a genuine commitment to having real conversations regularly.

Here is what a structured feedback cadence during probation should include:

Week one and two: set the foundations. Clear expectations from the outset. What does good look like in this role? What are the priorities for the first 90 days? Set objectives. What does success at probation review look like? New starters cannot meet expectations they have not been given.

Month one review: an early temperature check. How are they settling in? What is going well? Where do they need more support? This is not a formal assessment, it is a human conversation that signals you are invested in their success. Document it briefly, even just a few notes.

Month three: the substantive mid-point. This is the crucial review. Any concerns must be clearly outlined here alongside suggestions for improvement. If there are performance issues, this is the moment to name them directly with enough clarity that the employee knows exactly what needs to change and by when. Support offered should be documented alongside the concern raised. Brodies LLP

Month four to five: the decision window. The final recommendation should be reached by the five-month point at the latest, leaving sufficient time for the correct process to be followed if the outcome is not to confirm employment. A decision made at five and a half months with no prior documentation is a very different legal position to one made at five months with a clear record of structured conversations, concerns raised and support provided. Brodies LLP

The human case, not just the legal one

It would be easy to read all of this purely through a risk management lens. But the real argument for consistent, high-quality feedback during probation is not just legal protection. It is that people deserve it.

A new employee who is struggling deserves to know early enough to do something about it. A new employee who is thriving deserves to hear that too. Feedback, given regularly and honestly, is one of the most basic acts of respect a manager can offer.

The businesses that will navigate the ERA 2025 changes most confidently are not those that update their contracts and hope for the best. They are those that invest in building a genuine feedback culture, one where managers are equipped and confident to have honest conversations early, often, and with care.

Where to start

If your probation process currently consists of a start date and a six-month review with very little in between, now is the time to redesign it. Review the length of your probation periods in light of the January 2027 changes. Build in structured review points at weeks one and two, months one, three and five. Train your managers to give feedback that is specific, constructive and documented.

And if you are not sure where to start, or you want to make sure your process is both legally sound and genuinely people-centred, that is exactly the kind of work GRO can support with.

Lily Howe – Director of GRO Coaching & Consulting Ltd