Let me paint you a picture.

You’ve spent weeks recruiting. You’ve interviewed, made an offer, done all the admin. Your new hire starts and… within a few months, something’s not working. They’re struggling. Mistakes are piling up. You’re wondering if you made the wrong call.

So you end their employment. Probation failed. Job done, right?

Not necessarily.

Because here’s the thing most business owners don’t realise until it’s too late: the problem usually isn’t the employee. It’s the process that surrounded them from day one.

And with significant Employment Rights Act changes on the horizon – changes that will reduce the time before employees can bring an unfair dismissal claim from two years down to just six months – getting your probation process right has never been more important.

The real cost of a failed probation

Beyond the obvious cost of recruiting again, a badly managed probation period can expose you to legal risk. If you haven’t followed a fair process, documented concerns properly, or given the employee the support they needed to succeed, you could be looking at an unfair dismissal claim.

Employment tribunal legal fees start at £20,000. Compensation is on top. And in discrimination cases, there’s no cap at all!

Prevention is always cheaper than crisis management. Which brings me to the stories I find myself telling again and again.

Jane: the employee set up to fail

Jane started in a sales office, tasked with typing up menus for events. Straightforward enough on paper.

What her manager didn’t know was that Jane was dyslexic.

On her very first day, she overheard colleagues mocking another dyslexic employee. That was enough. She never felt safe enough to speak up about her own struggles, never asked for help, and quietly battled on while mistakes mounted up.

Her manager didn’t ask what was going wrong. Jane failed her probation.

Later, she told HR that just two simple adjustments would have changed everything: recording training sessions on a dictaphone and typing up her notes at home.

That’s it. Two things. Nobody thought to ask.

The business lost a potentially great employee. And depending on how the process was handled, they may also have exposed themselves to a disability discrimination claim. Discrimination claims are uncapped. That’s not a risk worth taking.

Alan: the new hire who walked out in a week

Alan’s first day was spent battling IT just to get a login. No structured training. No induction. No one showing him the ropes.

Someone told him: “You’ve done this before, so you can just get on with it.”

He quit within a week.

All that recruitment time, all that effort to get him through the door, gone. Because no one thought to make him feel supported, welcomed, or set up to succeed.

This is more common than you’d think. And it’s entirely preventable.

So what does a good probation process actually look like?

It’s not complicated, but it does require intention. Here’s what I recommend to every client:

1. A proper induction – not just a handbook and a login.

Think structured, planned, and human. Someone should be responsible for making that new hire feel like they belong.

2. Regular check-ins throughout – not just at the end.

If someone is struggling, you want to know about it at week two, not week eleven. Regular one-to-ones give you the chance to spot problems early and address them properly.

Want to nail 1-2-1s? Download my free PEERS Feedback cheatsheet here

3. Ask what people need to do their best work.

Not just “do you need any reasonable adjustments?” – that question shuts people down. Try: “what do you need to work well?” You’ll get very different, very useful answers.

4. Train your managers to actually manage.

Your probation process is only as good as the people running it. If your line managers don’t know how to have difficult conversations, spot early warning signs, or give constructive feedback – the process falls apart. This is where training pays for itself, many times over.

5. Document everything.

If you do need to end employment, you need a clear paper trail. Notes from one-to-ones, records of concerns raised, evidence of support offered. Without this, you’re exposed.

Why this matters even more right now

The Employment Rights Act is coming, and one of the most significant changes is to unfair dismissal rights. Under the new legislation, employees will be able to bring an unfair dismissal claim after just six months which for most businesses aligns with the end of probation.

That means your probation process is about to become your first line of legal defence.

If it’s a bit woolly right now, think no proper structure, no regular check-ins, no documentation, you need to sort that before the changes land.

The businesses that get ahead of this will be far better placed than those who wait until something goes wrong.

Prevention beats panic every time!

Most probation failures aren’t down to hiring the wrong person. They’re down to not giving the right person the right start.

Jane could have thrived with a dictaphone and a bit of curiosity from her manager. Alan could have stayed if someone had taken an hour on day one to properly show him the ropes.

Small changes. Big difference.

If you’re not sure whether your probation process is up to scratch, or you’d like to get your managers trained up before the Employment Rights Act changes kick in, I’d love to have a conversation.

Drop me an email at [email protected]. No hard sell, just a straightforward chat about where you’re at and what might help.

You might know employment law inside out. You might do everything by the book. But here’s the uncomfortable truth: your managers are your biggest risk area.

They’re the ones making day-to-day decisions, having crucial conversations, and setting the tone for your entire workplace culture. And if they’re not equipped with the right skills? Well, that’s where things can go very wrong, very quickly.

Whether it’s basic management skills or knowing how to tackle things like probations (more so now than ever with the Employment Rights Act coming into law in 2027), you’re playing a dangerous game if you fail to train them.

So let’s talk about why training your managers isn’t just a nice-to-have – it’s absolutely essential for both creating a thriving culture and protecting your business.

5 reasons why you should train your managers

1. Consistency and fairness

Trained managers apply policies and procedures fairly, which builds trust and reduces the risk of grievances. I cannot tell you how many times I’ve seen managers either ignore processes or simply not know what they should be doing.

The problem? Inconsistency causes mistrust. When different managers handle similar situations differently, it creates perceptions of favouritism and leaves employees feeling unsafe and unheard.

Getting all your managers singing from the same hymn sheet means everyone knows what to expect – and that’s when trust starts to build.

2. Early problem solving

Equipping managers to spot issues early, whether that’s performance, conduct, or wellbeing concerns, means they can address them before they escalate into something much bigger and more expensive.

When workplace conflict costs UK employers £28.5 billion annually – that’s over £1,000 for every single employee – the risk of missing early problem solving is costly.

I recently worked on a case where two employees had been in conflict for two years. During mediation, one revealed she’d been going through fertility treatment, which had affected her wellbeing and work. Her manager told me: “I knew something was wrong. I wanted to ask, but didn’t know what to say, so I didn’t say anything at all.”

The result? The employee felt her manager didn’t care, the situation festered, and what could have been resolved with a simple “Are you alright? You don’t seem yourself” conversation became a formal grievance.

Course-correcting early beats crisis management every time.

3. Confident conversations

When managers know how to give feedback, handle difficult conversations, and set clear expectations, both culture and performance improve dramatically.

It’s the difference between “You’ve been late twice this week, let’s talk about what’s going on” and waiting until someone’s been late every day for three months before addressing it. By then, resentment has built up on both sides, and you’re looking at formal disciplinary action rather than a supportive conversation.

Want to stay ahead of the latest HR insights and avoid costly mistakes? Sign up for my newsletter and get practical HR tips delivered straight to your inbox twice a month – no fluff, just actionable advice that actually helps.

4. Legal and reputational protection

Even if you as a business owner know the law inside out, your managers are the ones interacting with employees daily. And untrained managers can inadvertently create serious legal risks.

I’ve seen managers say things like: “I’m not sending you on that training course because you’re pregnant and about to go on maternity leave, so you don’t need it.” They think they’re being practical, but legally, it’s discrimination.

Or they might dismiss sexual harassment with: “What do you mean? It was just a pat on the bum, it’s no big deal.” They don’t realise that their opinion doesn’t matter; if someone found it unwanted and offensive, it needs to be addressed properly.

Your managers need to understand not just what to do, but what not to say.

Speaking of legal protection, the Employment Rights Act 2025 is bringing significant changes to unfair dismissal rights, reducing the qualifying period from two years to just six months. This makes having well-trained managers who can handle probationary periods and performance issues properly even more critical.

5. Positive employee experience

Good management behaviours – listening, being supportive, recognising effort, rewarding good work – create a motivated, loyal workforce.

When employees feel safe and supported, they stay. That means lower recruitment costs, less time dealing with performance issues or dismissals, and ultimately, happier customers.

Most employees don’t mind following processes, as long as they know what those processes are and feel they’re being applied fairly. It’s uncertainty and inconsistency that erodes trust.

Bonus – Employment Rights Act readiness!

Don’t sleepwalk into the biggest employment law change in over 50 years! The Employment Rights Act is coming and changing everything from probationary periods (making it much harder to dismiss bad hires), parental leave, sick leave, and more.

Training your managers prevents problems like wrongful dismissal, sexual harassment, and more. And don’t be fooled – just because you don’t think it will happen to your business, it doesn’t mean it won’t.

5 things that happen when you don’t train your managers

1. Inconsistent decision making

Different rules for different people lead to perceptions of unfairness and favouritism. Worse, inconsistency creates dangerous precedents. If you don’t dismiss someone for a particular issue, you’ll struggle to dismiss someone else for the same thing later.

Consistency isn’t just about fairness, it’s about legal protection.

2. Escalating issues

I honestly cannot tell you how many times I’ve dealt with conflicts that could have been resolved early but instead spiralled into formal grievances, disciplinaries, or resignations.

A mediation might cost £1,700+, but if managers could handle things early through proper conversations, that cost, and all the stress and lost productivity and team members that comes with it, could be avoided entirely.

3. Damaged culture

When managers are incompetent, employees feel undervalued, mistreated, and unsafe. Remember: perception is reality.

I once investigated a grievance where kitchen staff complained about a dangerous damaged floor, claiming management didn’t care about their health and safety. When I spoke to the manager, they explained they’d had a contractor let them down at the last minute, had been trying to get quotes, and the repair was scheduled for January.

“Have you told the chefs this?” I asked.

“No, I haven’t.”

A simple communication could have prevented the whole grievance. In the employees’ minds, the situation had escalated because no one had bothered to explain what was actually happening.

4. Increased risk

Untrained managers make mistakes that expose your business to claims, fines, tribunals, and reputational damage. Just look at the allegations around sexual harassment at companies like McDonald’s and Brew Dog; the reputational impact is enormous and long-lasting.

5. High turnover and poor performance

Good people leave. Productivity drops. Recruitment costs spiral. Instead of focusing on growing your business, you’re constantly firefighting HR issues and replacing staff.

Research shows that employees spend an average of 2 hours per week dealing with conflict – that’s equivalent to 2.5 weeks of lost productivity per year, per employee.

Your managers are either your greatest asset or your biggest liability. The difference comes down to training.

Prevention beats panic every time. Investing in proper management training isn’t just about avoiding problems – it’s about creating the kind of workplace where people want to stay, perform well, and help your business thrive.

Getting started

Ready to strengthen your foundation? Before investing in manager training, make sure you’ve got the basics sorted. Download my free contract checklist and hiring guides to ensure your documentation and recruitment processes are watertight.

Ready to equip your managers with the skills they need? I offer tailored training programs covering everything from difficult conversations to preventing discrimination and harassment. Get in touch to discuss what your team needs.

If you run a small business, you’ve probably seen the headlines about the Employment Rights Act 2025 (formerly the Employment Rights Bill).

And if you’re anything like most of my clients, you might be thinking: “Is this actually happening? What does it mean for me? And what the hell do I need to do about it?”

Fair questions. So let me cut through the noise and give you the straight answer.

Want a quick, easy to follow video update instead?
Here’s my breakdown

Yes, it’s actually happening

The Employment Rights Act 2025 received royal assent on 16th December 2025, which means it’s now law. This isn’t speculation anymore – these changes are coming, and they’re being rolled out over the next two years. So this means it’s really important you are ahead of the changes.

Why so long? Because some of these changes are complex, and ACAS needs time (apparently a year) to write the guidance (I reckon I could write it up a lot quicker, but I don’t have layers of red tape to wade through). There also needs to be consultation around some of the trickier bits.

But here’s what you need to know right now: changes are coming in April 2026, October 2026, and throughout 2027.

So let’s break down what’s actually relevant to you as a small business owner, and what you need to do about it.

What’s changing in April 2026

Statutory sick pay (SSP) from day one

Currently, the first three days of sickness aren’t paid – they’re called “waiting days.” From April, SSP will be paid from day one of sickness.

What this means: You’ll be paying an extra three days of sick pay. The government’s aim with this is to stop presenteeism (people dragging themselves into work when they’re ill and spreading germs everywhere).

What you need to do:

• Update your policies and contracts
• Check your company sick pay wording is still correct
• Make sure payroll knows about the change
• Expect short-term absence to increase (yes, including the hangovers)

Here’s the thing though – just because more people might take the odd day off doesn’t mean you can’t manage it. If someone develops a persistent sickness absence problem, you can still deal with it through proper absence management. Your hands aren’t tied!

Day one rights for paternity and parental leave

Currently, employees need 26 weeks’ service by the 15th week before the due date (basically nine months) before they’re entitled to paternity leave and pay. From April, it becomes a day one right.

The same goes for unpaid parental leave; currently needs a year’s service, but from April, employees can request it from their first day.

What you need to do:

• Update your policies
• Make sure managers and payroll know about the change
• Don’t panic, it’s still manageable! Reach out if you need some advice on specific cases

What’s changing in October 2026

Sexual harassment prevention gets serious

You already have a duty to take reasonable steps to prevent sexual harassment (since October 2024, there’s been a 25% compensation uplift if you fail!)

From October 2026, this changes to must take ALL reasonable steps.

What’s the difference? A tribunal will look at whether you could have done anything else to prevent it. If the answer is yes, you’ve lost the claim.

What you need to do:

• Have a proper prevention of harassment policy
• Train your managers and team (I cannot stress this enough, it’s what will land you in hot water – I’ve seen it time and time again)
• Carry out a sexual harassment risk assessment
• Make sure you have adequate reporting methods

And this will apply to third-party harassment too – so harassment from clients, contractors, visitors, or the public.

Tribunal time limits extending to six months

Currently, employees have three months to bring a claim. From October, they’ll have six months.

What this means: You might be waiting even longer to find out if someone’s going to take you to tribunal.

What’s coming in 2027 and beyond

Here’s the big one: unfair dismissal rights from six months instead of two years.

Originally, the government wanted to make this a day one right. After a lot of back and forth (or “ping pong” as it’s called in Parliament), they’ve compromised on six months.

This is likely to come in from 1st January 2027, which means anyone you hire from 1st July 2026 will have these rights much sooner.

What you need to do:

• If you have doubts about anyone, address them before the end of 2026!
• Review your probation periods (lots of you have six-month probations – you’ll need to rethink this as if you want to dismiss someone within their probation, you might want to reduce that period)
• Implement robust probationary period management
• Train your managers properly
• Overhaul your recruitment, onboarding, and induction processes

Look, I know this sounds like a lot. But honestly? This is a massive opportunity.

Good recruitment, good onboarding, good induction, and good training benefit everybody and every part of your business. It doesn’t just protect you from unfair dismissal claims. It improves retention, performance, and productivity too – a huge win for your business.

Other changes coming (probably)

There’s also bereavement leave being extended, changes to zero-hours contracts, strengthened flexible working requirements, and various other bits and pieces. Some of these are still being consulted on, so the details aren’t finalised yet. Plus it might be that we won’t see them come into force until the next parliament – watch this space!

I’ll keep you updated as things develop.

What you should do right now

For April 2026:

• Update your sick leave and pay policies and contracts
• Update paternity leave and unpaid parental leave policies
• Update your whistleblowing policy to include sexual harassment

For October 2026:

• Sort out your harassment training
• Carry out a proper risk assessment

For 2027:

• Review your recruitment, onboarding, and induction processes
• Train your managers on probation management
• Check your policies deal with short service dismissal correctly

Need help with your policies?

I’m offering a policy update service to help you get everything ready for April.

For existing clients where I’ve already written your policies, I’ll update them for £125 + VAT.

For new clients with policies written by someone else, I can review and update them for £250 + VAT.

This includes updating your sick pay, paternity leave, parental leave, and whistleblowing policies ready for April, and I’m happy to have a call to answer any questions too.

Just drop me an email at [email protected] if you want to take me up on it.

Reading this after April 2026? Don’t panic. Drop me an email and we can get your policies aligned.

Key takeaways

These changes are coming whether we like it or not. But if you approach them as an opportunity to tighten up your people processes rather than just another compliance headache, you’ll actually make your business stronger.

Good HR isn’t just about avoiding tribunals, it’s about creating a business where people can do their best work and you can sleep at night.

And if you want to stay clued up on all this stuff as it develops (without having to wade through government guidance documents), sign up to my newsletter. I promise to keep the updates practical, relevant, and – crucially – actually readable.

Any questions? Just shout.

Sarah

P.S. If you’re thinking “bloody hell, this is a lot” – you’re right. But prevention beats tribunal every time. Get ahead of this now and you’ll thank yourself later.

Bad managers cost you money – a fact I know to be true because I see it time and time again. Yet, business owners struggle to identify what exactly it is within their managers or management team that is causing the drain on their finances.

The answer? It’s probably training – or a severe lack of it.

But I get it, training is so broad, it could be any specific arm of management that’s causing them to cost the business money. So how do you know where to start when it comes to dealing with manager incapability?

The following is an excerpt from my free guide, How much money you’re losing on bad managers, and how training can save you thousands, which you can download here.

The management crisis hiding in plain sight

A lot of business owners tell me that the biggest hindrance to their business is growth is manager incapability. But here’s what shocked me: when I asked why they hadn’t addressed it, the answers were always the same – “no time”, “don’t know where to start”, and the one that makes the hairs on my neck stand-up, “it’s not a priority right now.”

Meanwhile, these same businesses are haemorrhaging money through poor management decisions, failed probations, tribunal claims, and endless recruitment cycles. They’re spending tens of thousands on the symptoms while ignoring the cause that’s staring them in the face.

Your managers are either your secret weapon or your hidden liability. There’s no middle ground. They’re either preventing problems before they start and driving your business forward, or they’re creating expensive disasters that could destroy everything you’ve built.

Here’s the reality that most business owners refuse to face: 82% of managers are “accidental” – thrust into roles without proper training. We promote people because they’re brilliant at their technical job, then expect them to manage humans without any preparation. It’s like putting someone in charge of a ship just because they’re good at swimming.

With the new Employment Rights Bill likely to bring day-one unfair dismissal rights, every single management decision is about to become critical. The two-year buffer that’s hidden so much management incompetence is disappearing. When it does, businesses with unprepared managers will face a tribunal tsunami.

But here’s the opportunity: while your competitors are sleepwalking into expensive legal problems, you can gain a massive competitive advantage by investing in management capability now. The businesses that get ahead of this change won’t just avoid costly mistakes – they’ll attract and retain the best talent while their poorly-managed competitors struggle with endless recruitment.

This guide will show you exactly where the hidden costs are draining your business, how to audit your current management capability, and most importantly, what to do about it before it’s too late.

Chapter 1: Performance management disasters

The fear: What could go wrong

Picture this: An employee isn’t meeting expectations. Your manager, wanting to be “supportive,” avoids difficult conversations for months. Eventually, frustration boils over and they’re dismissed over the phone for “not being a good fit.” Cost? £30,000+ in tribunal awards plus legal fees, because no proper process was followed.

Or this: A dyslexic employee struggles but never receives adjustments because no one bothers to ask about barriers to learning. She fails probation and claims disability discrimination. Your defence of “we didn’t know” crumbles when the tribunal finds you failed in your duty to make reasonable adjustments.

These aren’t hypothetical scenarios – they’re real cases from my clients. Performance management failures are the most expensive HR mistakes because they’re so common and so preventable.

The problem: Why managers struggle with performance

Most managers approach underperformance completely wrong. They want quick fixes – “Can’t I just fire them?” or “How quickly can we get rid of someone on a PIP?” But effective performance management isn’t about creating paper trails for dismissal – it’s about helping people succeed.

The hidden costs of poor performance management are staggering:

Direct costs include recruitment fees averaging £3,000-£5,000 per failed hire, legal fees starting at £20,000 per tribunal, and settlement payments ranging from £5,000-£50,000. But these are just the obvious expenses.

Hidden costs devastate your bottom line: lost productivity from managers avoiding difficult conversations, team morale damage when poor performers aren’t addressed, good employees leaving because they’re carrying underperformers’ workload, and customer relationships suffering due to inconsistent service quality.

Opportunity costs represent the biggest loss: What could high-performing teams achieve if managers weren’t constantly firefighting performance problems? How much innovation gets stifled because energy goes into managing problems instead of developing potential?

The root cause is almost always the same: managers who promote technical experts into people management roles without any training on how to manage people.

The solution: Performance management that actually works

Train managers to diagnose before they prescribe. Most performance issues stem from management failures: poor recruitment, inadequate onboarding, unclear expectations, or lack of support. Before addressing employee performance, managers need to examine their own contribution to the problem.

Teach the skill vs. will distinction. Capability issues (someone can’t do the job despite trying) require patience, training, and support. Conduct issues (someone won’t do the job despite being able) need disciplinary action. Get this wrong and you’ll increase the chances of it all going wrong.

Implement structured probation processes. Day 1 induction setting clear expectations, week 1 check-in, formal reviews at 7, 45, and 90 days, with documented outcomes. No more waving people through probation because “we need the staff.”

Develop feedback frameworks. The PEERS model (Permission, Explain, Effect, Required action, Support) gives managers structure for difficult conversations. They stop avoiding performance issues because they know how to address them constructively.

Create performance improvement systems. Clear criteria for what improvement looks like, specific timelines, regular check-ins, and documented support offered. This protects both the employee and your business.

Document everything properly. Every conversation, every support offered, every improvement or decline. If things escalate to dismissal, you need evidence you’ve followed a fair process.

The businesses that invest in performance management training see immediate results: fewer failed probations, reduced recruitment costs, improved team morale, and virtually eliminated tribunal risk around performance dismissals.

Want to read on? This excerpt is from my free guide, How much money you’re losing on bad managers, and how training can save you thousands, which you can download here.