Probation and Mental Health: Employer Guide

Probation periods are a vital stage in the employment journey. For employers, they provide a structured opportunity to assess a new hire’s performance, conduct, and cultural fit. But for many employees, particularly those facing mental health challenges, probation can be a time of heightened stress, anxiety, and uncertainty.

Mental health should not be an afterthought in probation management. Failing to recognise its impact risks not only losing talented employees but also opens the door to legal claims under UK employment law. Conversely, embedding mental health support into probation helps employers foster engagement, improve retention, and build a resilient, inclusive workforce.

In this article, we explore why mental health matters during probation, what the legal responsibilities are, and how employers can build a fair, compliant, and supportive probation experience from day one.

 

Why Mental Health Support Matters During Probation

 

Starting a new job is a significant life change. For many, it can trigger or intensify conditions such as anxiety, depression, or stress-related illnesses. New hires are navigating unfamiliar systems, unclear expectations, and a desire to prove themselves — all while adapting to a new team and culture.

Research consistently shows that work-related stress is a major contributor to poor mental health. During probation, this pressure is often amplified. If left unaddressed, it can impact not just the employee’s wellbeing, but also performance, morale, and longer-term retention.

Prioritising mental health during probation brings a range of benefits:

 

• Higher engagement and motivation.
• Reduced absenteeism and presenteeism.
• Lower early attrition.
• A stronger, more inclusive organisational culture.

 

On the flip side, overlooking mental health can result in disengagement, poor performance, or even claims for discrimination or unfair treatment.

 

Your Legal Responsibilities as an Employer

 

Equality Act 2010

Under the Equality Act 2010, mental health conditions such as clinical depression, anxiety disorders, or PTSD may qualify as a disability if they have a substantial and long-term effect on daily activities. Where this applies, employers are under a legal duty to:

• Avoid discrimination based on disability.
• Make reasonable adjustments to ensure employees are not disadvantaged.

Importantly, these legal protections apply from day one of employment — there is no qualifying service period. If a probationary employee discloses a mental health condition, the duty to accommodate is triggered immediately.

 

Health and Safety at Work Act 1974

Employers also have a general duty to protect the health, safety, and welfare of employees — including mental health. This responsibility applies regardless of whether a condition meets the legal definition of disability.

 

HSE Guidance on Stress

The Health and Safety Executive (HSE) provides additional guidance through its Management Standards, which set out the key areas employers should monitor to prevent work-related stress — including workload, control, support, and role clarity — all of which are particularly relevant during probation.

 

Managing Mental Health Considerations During Probation

 

Disclosure and Confidentiality

Employees are under no obligation to disclose a mental health condition, but employers must foster an environment where doing so feels safe and supportive. If an employee chooses to disclose, the information must be handled confidentially and shared only on a need-to-know basis.

Disclosure triggers the duty to consider reasonable adjustments. Failure to act on such a disclosure can lead to legal consequences — even if the employee has only recently joined the business.

 

Handling Performance Issues Fairly

Probationary performance concerns must be approached carefully when mental health is a factor. Employers should:

• Distinguish performance issues that may be caused by a health condition.
• Offer support and adjustments before considering termination.
• Engage the employee in a constructive discussion about what help is needed.

The focus should be on enabling the employee to succeed, not rushing to judgement. Where reasonable adjustments are implemented, they must be meaningful, proportionate, and based on the employee’s individual needs.

 

The Risk of Unfair Dismissal Claims

 

Dismissal during probation — if linked to a mental health issue that qualifies as a disability — can result in claims of:

• Disability discrimination
• Failure to make reasonable adjustments
• Automatically unfair dismissal (if related to health and safety or protected disclosures)

Such claims can be made without any minimum length of service. Employers must demonstrate that the dismissal was based on fair, non-discriminatory grounds and that appropriate support was provided beforehand.

 

Creating a Mentally Healthy Probation Experience

 

1. Start with Inclusive Onboarding

A mentally healthy work experience begins with a supportive induction process. During onboarding:

• Set clear expectations about the role and how performance will be assessed.
• Introduce mental health support options, such as Employee Assistance Programmes (EAPs), mental health first aiders, or peer support groups.
• Encourage openness about wellbeing, making it clear that mental health is valued and supported.

 

2. Regular Check-Ins

One-to-one conversations during probation are essential. These meetings allow managers to:

• Ask how the employee is settling in.
• Check on workload and stress levels.
• Offer early support if issues arise.

Managers should avoid intrusive questioning but create space for honest conversations. A simple “How are you doing this week?” can open the door. Managers also need training on how to respond compassionately and appropriately to wellbeing concerns.

 

3. Make Reasonable Adjustments

If a mental health condition is disclosed, reasonable adjustments might include:

• Adjusted start/finish times or remote working.
• Reduced or prioritised workloads.
• More frequent supervision or clearer task instructions.
• Quiet workspaces or noise-reducing tools.
• Temporary changes to probation length (with consent).

These measures should be tailored to the individual, regularly reviewed, and documented for clarity.

 

4. Identify and Reduce Stress Factors

Employers should anticipate common stress triggers during probation and address them proactively. These might include:

• Unclear role definitions.
• Unrealistic targets.
• Poor communication or onboarding.
• Isolation — especially in remote roles.

A supportive culture, clear direction, and early feedback loops can significantly reduce mental strain for new starters.

 

5. Equip Your Managers

Line managers are at the frontline of the probation experience. They must be trained to:

• Spot early signs of mental health difficulties.
• Engage with empathy and without judgment.
• Know when and how to refer to HR or occupational health.
• Conduct probation assessments fairly, without allowing health-related stigma to cloud judgement.

Strong manager awareness is essential for both legal compliance and employee retention.

 

6. Extend Probation Sensitively (If Needed)

Sometimes mental health issues may disrupt progress during the initial probation period. In these cases, a well-handled extension — framed positively and supportively — can give the employee a fair opportunity to succeed.

Before extending probation:

• Confirm that the employment contract allows for extension.
• Communicate reasons clearly, linking the extension to specific objectives and adjustments.
• Offer appropriate support during the extended period.
• Document everything in writing.

An extension should never be used punitively or as a way to avoid legal responsibilities.

 

What If Mental Health Isn’t Disclosed?

Even if an employee hasn’t formally disclosed a mental health condition, employers still have a duty to respond reasonably if concerns arise. If someone appears to be struggling:

• Approach the conversation privately and with care.
• Avoid assumptions or pressure to disclose.
• Focus on observed behaviours and offer appropriate support or adjustments.

Creating a culture where employees feel safe to talk about mental health makes disclosure — and therefore support — more likely.

 

Conclusion

 

Probation periods should be about more than just performance metrics. They are a crucial opportunity to lay the foundations for a trusting, supportive working relationship. That means recognising and accommodating mental health needs from day one.

UK employment law is clear: employers have obligations to prevent discrimination, make reasonable adjustments, and promote employee wellbeing — regardless of service length. But beyond compliance, a proactive approach to mental health during probation is simply good business.

By embedding support, empathy, and flexibility into your probation processes, you can:

• Improve retention and performance.
• Minimise legal risks.
• Build a more inclusive, compassionate workplace culture.

 

Supporting mental health during probation isn’t just a legal duty — it’s a smart, human-centred strategy for long-term success.