The recent dismissal of Julen Lopetegui as West Ham's head coach after just eight months in charge highlights the importance of effectively managing periods of evaluation — akin to a ‘probationary period’ in employment terms. 

While football management operates in a high-stakes, performance-driven environment, the principles of assessing and addressing underperformance remain universal.

In light of the Employment Rights Bill and its proposed changes to the Employment Rights Act, the way organisations handle probationary periods is about to take on an even greater significance. 

The Bill is proposing that employees have a day-one right to claim unfair dismissal, albeit with a simplified dismissal procedure during ‘a statutory probationary period’. This makes it critical for employers to effectively use probationary periods to assess new hires and make well-informed employment decisions.

Five steps to using probationary periods effectively

Understand their purpose 
A probationary period is not a legal requirement but a widely used mechanism to evaluate a new employee’s suitability for their role. It typically lasts between three to six months, depending on the role's complexity and the organisation’s policies.

The Employment Rights Act sets provisions for a simpler dismissal process during probationary periods however, employers will not be able act arbitrarily. Whilst we are still in the dark about what the new ‘statutory probationary period’ will look like fairness, transparency, and consistency will remain essential to avoid potential claims.

Set clear expectations
From the outset, employers should provide employees with clear, written terms regarding their probationary period. This should include:

• Duration of the probationary period: Specify the length of the probation and any provisions for extension.
• Performance criteria: Clearly outline the standards and objectives the employee is expected to meet.
• Review process: Detail how and when performance reviews will take place.

Clear communication ensures both parties understand expectations so reducing the risk of disputes later on.

Monitor regularly and provide feedback 
A successful probationary period depends on regular monitoring and feedback. Employers should:

• Schedule regular check-ins to review performance, provide feedback, and address concerns.
• Document progress, keeping written records of discussions, feedback, and any actions taken.
• Offer additional training or resources if the employee is struggling, showing reasonable efforts to support their success.

Address underperformance
If an employee fails to meet the required standards, it is vital to address this promptly and fairly. Before considering dismissal, employers should:

• Communicate concerns: Clearly articulate the issues and give the employee an opportunity to improve.
• Set realistic targets: Allow a reasonable timeframe for improvement.
• Document everything: Maintain detailed records of all communications and actions taken to support the employee.

Make the decision
At the end of the probationary period, employers must make one of three decisions:

• Confirm employment: If the employee meets expectations, confirm their appointment in writing.
• Extend the probationary period: If there is potential for improvement, set clear goals and extend the period accordingly.
• Terminate employment: If the employee is unsuitable, termination may be necessary. Ensure the dismissal follows a fair and documented process to mitigate legal risks.

Final thoughts
With legislative changes likely to take effect over the next 12-18 months, now is the time for employers to focus on ensuring you have robust probationary policies and processes to assess new hires effectively. It’s a time to review current practices, ensuring the steps outlined above are put into place.  Embedding the effective use of probationary periods now will maximise their future benefits while minimising legal risks.

The recent dismissal of Julen Lopetegui as West Ham's head coach after only eight months in charge serves as a high-profile reminder of how critical early evaluation periods can be. While football management operates in a unique context, the principles of setting expectations, monitoring performance, and making decisive yet fair evaluations resonate across industries. Just as West Ham had to assess performance and act promptly, organisations should leverage probationary periods to make well-informed decisions, ensuring a strong foundation for future success.

How can we help
We can assist in ensuring your probationary policies and procedures are legally sound and tailored to your organisation’s needs. This is not a one size fits all provision so you may want to consider varying your probationary periods and we can help you with that process.  

Additionally, we provide manager training to embed effective and robust use of probationary periods so underperformance is addressed and the decision at the end of the probationary period is made easier.

If you would like any further information or seek specific advice on your contract documentation and policies, please contact me.