Probation Period Review Form (England & Wales)

A Probation Period Review Form in the United Kingdom records an employer decision affecting an employee's engagement and the reasons and procedure followed, as regulated by the Employment Rights Act 1996.

In England and Wales, employers are not legally required to operate a probationary period, but doing so is strongly recommended by the Advisory, Conciliation and Arbitration Service (ACAS). ACAS guidance on probationary periods identifies the review process as a critical tool for managing performance expectations, identifying training needs, and making fair, evidence-based decisions about whether an employee should have their appointment confirmed, their probationary period extended, or their employment terminated.

The probationary period itself is a contractual arrangement that should be set out in the employee's written statement of employment particulars provided on or before their first day of work, as required by section 1 of the Employment Rights Act 1996. Typical probationary periods range from three to six months in England and Wales, though this is a matter of agreement between the employer and employee. The review form documents the formal assessment conducted at the end of this period and creates the evidential foundation for whatever decision the employer makes.

The legal context for probationary reviews in England and Wales is shaped primarily by two Acts of Parliament. First, the Employment Rights Act 1996 governs notice periods (section 86), unfair dismissal protection (sections 94–134), and the circumstances in which dismissal is automatically unfair regardless of length of service (sections 99–105). Automatic unfair dismissal reasons include dismissal connected to pregnancy or maternity, trade union membership, whistleblowing under the Public Interest Disclosure Act 1998, and asserting a statutory right under section 104 of the Employment Rights Act 1996. These protections apply from day one, meaning a probationary employee dismissed for any of these reasons can bring an Employment Tribunal claim regardless of how long they have been employed.

Second, the Equality Act 2010 prohibits discrimination on grounds of nine protected characteristics — age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation — from the very first day of employment. This means that even employees who have not yet acquired ordinary unfair dismissal protection are fully protected against discriminatory treatment, including discriminatory decisions made during the probationary review.

A well-structured Probation Period Review Form confirms that the employer can demonstrate it followed a fair and consistent process — a critical safeguard in the event that the decision to terminate is later challenged on the grounds of discrimination, wrongful dismissal, or automatic unfair dismissal. The form should be completed carefully, with specific factual evidence rather than generalised impressions, and retained on the employee's personnel file for the duration of the relevant limitation period.

Beyond its legal functions, the probationary review form serves important operational purposes. It creates a dialogue between the employee and their manager, giving the employee a structured opportunity to raise concerns, highlight areas where they need more support, and comment on their experience of the role so far. Employers who treat the review as a genuine two-way conversation — rather than simply a formality to be completed before confirming or ending employment — tend to achieve better outcomes in terms of employee retention and engagement. The review also enables the employer to capture any training gaps identified during the probationary period, so that a structured development plan can be put in place for the employee going forward. In this sense, the probationary review form is not only a legal safeguard but also a valuable people management tool.

A Probation Period Review Form should be completed at the end of every probationary period, for every employee, without exception. Applying the process consistently across all new employees — regardless of their seniority, department, or the size of their team — protects the employer against claims of unequal treatment and demonstrates a structured, professional approach to performance management.

The review form should ideally be prepared in advance of the formal review meeting, with the employee having had prior notice of the meeting, its purpose, and the fact that a formal outcome — confirmation, extension, or termination — will be communicated at or promptly after the meeting. ACAS guidance on probationary periods recommends giving the employee the opportunity to see the assessment in advance where possible, so that they can prepare their own comments and response. The employee also has the right to be accompanied at any formal meeting that could result in a formal outcome, under section 10 of the Employment Relations Act 1999, by a trade union representative or a work colleague.

The review form is particularly critical in three categories of case. The first is where the employer is considering terminating the employee at the end of the probationary period. Even though employees who have not yet completed two years of continuous employment cannot ordinarily bring an unfair dismissal claim under section 108 of the Employment Rights Act 1996, they retain from day one the right not to be dismissed for automatically unfair reasons. These automatically unfair reasons include: making a protected disclosure (whistleblowing) under the Public Interest Disclosure Act 1998; asserting a statutory right under section 104 of the Employment Rights Act 1996; taking or applying for family leave under sections 99–100 of the Employment Rights Act 1996; and being a trade union member or representative. A documented review provides clear, contemporaneous evidence that the termination was based on legitimate performance concerns rather than any of these protected reasons.

The second critical category is where the employer is dealing with a disabled employee. The duty to make reasonable adjustments under sections 20–21 of the Equality Act 2010 applies from the first day of employment. If an employee's performance is affected by a disability — which might not always be immediately obvious and may include mental health conditions, chronic illness, or neurodivergence — the employer must explore whether reasonable adjustments could enable the employee to meet the required standard before deciding to terminate. Documenting this process explicitly in the review form is essential. Failure to make reasonable adjustments before terminating a disabled employee during probation can expose the employer to an uncapped compensation award for disability discrimination at the Employment Tribunal.

The third category is where the employer wishes to extend the probationary period. An extension should not be used as a way of delaying an inevitable decision or keeping the employee in ongoing uncertainty. It should be based on a genuine assessment that the employee's performance could reach the required standard with additional time and clearly defined support. The review form provides the evidential basis for that assessment and confirms the extension is documented with specific targets and a defined new review date.

Finally, even where the outcome is entirely positive and the employee's appointment is being confirmed, a completed review form creates a valuable baseline record of the employee's initial performance that can inform future performance management processes, pay reviews, disciplinary proceedings, and development planning.

A Probation Period Review Form for use in England and Wales should be structured to cover several key areas of assessment, each of which serves a distinct legal and practical function.

The employee identification section must accurately record the employee's full name, employee number, job title, department, and the name of the reviewing manager. Accuracy here is essential — discrepancies between the review form and the employee's contract of employment can undermine the evidential value of the document in any subsequent proceedings.

The review period details should record the start date, scheduled end date, and actual date of the review meeting. If the probationary period is being extended, the review form should record both the original end date and the new extended end date, so that the full timeline is transparent.

The objectives assessment is the substantive core of the review. At the start of the probationary period, the employer should have communicated specific, measurable objectives that the employee was expected to achieve. The review form should assess each of these objectives in turn, noting whether the objective was fully met, partially met, or not met. ACAS guidance on probationary periods emphasises that objectives must be clearly communicated at the outset and assessed objectively — vague or retrospectively applied objectives will not withstand scrutiny in any legal challenge.

The attendance record is an important component of any probationary review. However, employers must exercise care in how attendance is assessed. Under the Equality Act 2010, any disability-related absences — whether for physical health reasons, mental health reasons, or any other condition that satisfies the definition of disability under section 6 of the Equality Act 2010 — must not be counted against the employee without first considering whether reasonable adjustments have been made. Pregnancy-related absences must not be taken into account at all under section 18 of the Equality Act 2010.

The overall performance rating should reflect the totality of the assessment — not just the objectives but also the employee's conduct, attitude, team working, and adherence to workplace policies. The rating scale (from Excellent to Unsatisfactory) should be applied consistently across all employees within the same role or at the same level, to avoid any appearance of differential treatment.

The areas of strength and areas for development sections provide the narrative behind the rating. Specific, evidence-based feedback is far more valuable — and far more defensible — than general observations. Statements such as 'lacks initiative' or 'poor time management' without supporting examples are less useful and more easily challenged than specific references to particular incidents or patterns.

The training completed section documents the employer's positive obligation to support the employee during the probationary period. ACAS guidance notes that employers should provide adequate induction, training, and supervision during probation and that a failure to do so may undermine any decision to dismiss for performance reasons. The review form should record all formal training, e-learning, induction activities, and on-the-job learning provided to the employee.

The formal recommendation — to confirm appointment, extend probation, or terminate — should be clearly stated and should flow logically from the assessment sections. If the recommendation is to terminate, the employer should confirm that the statutory minimum notice under section 86 of the Employment Rights Act 1996 is given, and that the decision has been checked against the Equality Act 2010 to confirm it does not directly or indirectly discriminate on grounds of any protected characteristic.

Finally, the employee comments section is not a formality — it is a substantive safeguard. By giving the employee a genuine opportunity to respond to the assessment, raise any concerns, or highlight any circumstances that the employer may not have been aware of, the employer reduces the risk that a subsequent tribunal will find that the process was procedurally unfair. Both the manager and the employee (and, if present, the HR representative) should sign and date the completed form.

Under the Employment Rights Act 1996, the Employment Tribunal adjudicates workplace disputes. Section 94 of the Employment Rights Act 1996 provides the right not to be unfairly dismissed. The Advisory, Conciliation and Arbitration Service (ACAS) provides early conciliation under Section 18A of the Employment Tribunals Act 1996. The UK GDPR and Data Protection Act 2018 govern personal data handling. HM Revenue and Customs (HMRC) administers PAYE and National Insurance contributions under the Income Tax (Earnings and Pensions) Act 2003. The forms-legal.com Probation Period Review Form (England & Wales) template covers the mandatory elements under Employment Rights Act 1996.