Article by Swift People Services
Why Your Probation Process Could Be Your Biggest HR Risk in 2027
Recruiting the right people has never been more important for MedTech and life sciences organisations. As businesses continue to innovate and scale, attracting specialist talent is only part of the challenge and ensuring new recruits are the right fit is equally critical.
Whilst not yet confirmed, it is expected that from 1 January 2027 one of the most significant changes to UK employment law in recent years will reshape how employers manage probationary periods. Employees will become eligible to bring an ordinary unfair dismissal claim after six months’ continuous service, replacing the current two-year qualifying period.
For employers, this means probation should no longer be viewed as a simple administrative exercise. Instead, it will become a key stage in managing performance, capability and employment risk.
Why This Matters for MedTech Businesses
The MedTech sector is characterised by highly skilled roles, technical expertise and rapid business growth. Recruitment decisions often involve significant investment, from lengthy hiring processes and specialist training to onboarding within regulated environments.
If a new employee is struggling to meet expectations, businesses will have a much shorter window to assess performance and make informed decisions before additional employment protections apply.
That makes an effective probation process more important than ever.
Is Your Current Probation Process Fit for Purpose?
Many organisations have probation periods written into employment contracts, but the practical management of probation is often less structured.
Common issues include:
- Probation review meetings that are postponed or missed.
- Managers providing informal feedback but keeping no written records.
- Unclear objectives for new starters.
- Limited evidence of support or training.
- Probation periods that expire without any formal decision.
While these practices may have presented fewer risks previously, employers will need to demonstrate a more consistent and evidence-based approach going forward.
A Strong Probation Process Starts on Day One
An effective probation period is an opportunity to help employees succeed while providing employers with clear evidence of performance.
Good practice includes:
- Setting clear expectations from the outset.
- Agreeing measurable objectives.
- Holding regular review meetings throughout probation.
- Recording performance discussions and agreed actions.
- Providing appropriate training, coaching and support.
- Addressing concerns as soon as they arise rather than waiting until the final review.
A well-managed probation process benefits both employer and employee by encouraging open communication and reducing the likelihood of misunderstandings.
Don’t Leave Decisions Until the Last Minute
One of the biggest risks for employers is delaying difficult conversations.
If concerns about performance only emerge during the final week of probation, there may be little opportunity to demonstrate that the employee has been given appropriate support or a reasonable chance to improve.
Managers should be encouraged to identify issues early, document discussions and work with HR where additional guidance is needed. Regular checkpoints throughout the probation period provide a much stronger foundation for any future employment decisions.
Review Your Contracts and Policies
Now is also the ideal time to review whether your employment documentation properly supports your probation process. Check that your employment contracts clearly set out probation arrangements, your probation policy reflects current best practice, and your managers fully understand their responsibilities throughout the process.
It’s equally important to ensure that performance reviews are carried out consistently across the organisation and that your wider HR processes are robust, well-documented and capable of withstanding increased scrutiny under the forthcoming changes to employment law.
How Swift People Services Can Help
At Swift People Services, we support MedTech and life sciences organisations with practical HR and employment law advice that reflects the realities of growing innovative businesses.
We are currently offering a FREE HR Mini Audit to Medilink members. The mini audit will review up to three HR policies and one employment contract to highlight any areas of legal or practical risk. To claim your free mini audit email: [email protected]
