The widespread shift toward remote and hybrid working has reshaped the modern workplace. While these flexible models offer numerous benefits — including improved work-life balance and access to a wider talent pool — they have also introduced new complexities for employers. One of the most important is how to effectively manage probation periods when employees are working remotely.
Probation remains a key phase in the employment relationship. It provides a structured period for employers to assess whether a new hire is suited to the role, and for employees to adapt and prove themselves. But when direct, in-person supervision isn’t available, how can performance be evaluated fairly and consistently?
This article explores the legal and practical considerations of managing probation in remote and hybrid work environments — and offers clear, actionable guidance for getting it right.
Understanding the Role of Probation
In UK employment, probation periods are contractual mechanisms that give employers a limited timeframe — typically three to six months — to assess a new hire’s suitability. During this period, employers can offer early feedback, provide targeted support, and if necessary, terminate employment on shorter notice than usual.
Importantly, probation does not negate employment rights. Remote or hybrid employees on probation are entitled to the same statutory protections as any other employee, including minimum notice periods and protection from discrimination from day one. Employers must ensure that remote working arrangements do not result in probation being mismanaged or unfairly applied.
Legal Considerations When Managing Remote Probation
Remote employees may not be physically present in the workplace, but their legal entitlements remain fully intact. From the first day of employment, they are protected under the Equality Act 2010, entitled to statutory notice if dismissed, and must receive a written statement of employment particulars.
Dismissal during or at the end of probation must still follow a fair process. This includes clear communication about performance concerns, reasonable opportunity for improvement, and adherence to notice terms outlined in the employment contract or statute. A failure to do so can expose employers to claims, particularly where discrimination or other automatically unfair dismissal grounds are alleged.
The Unique Challenges of Remote Probation
Assessing an employee’s performance in a remote setting brings several challenges that differ from traditional office-based management. One of the most obvious is reduced visibility — managers can’t observe day-to-day behaviour or interactions informally. Communication may also be less fluid, with delays or misunderstandings more likely in the absence of spontaneous conversation.
Another concern is isolation. New employees working remotely may feel disconnected from colleagues and company culture, potentially undermining performance. Hybrid environments bring further complexity, as proximity bias can unconsciously lead managers to favour those they see more regularly in person. Finally, over-reliance on tools like email and video conferencing may not fully reflect an employee’s capability, making fair assessment harder.
Building a Fair Remote Probation Framework
Set Clear, Measurable Objectives
Success starts with clarity. At the beginning of the probation period, employers should define performance expectations in specific, measurable terms. These should focus on deliverables, deadlines, and quality — not subjective traits or online presence. For example, instead of evaluating a “positive attitude,” set an objective like “complete three project milestones by [date] to the required standard.”
Document these expectations in writing, ensuring both parties are aligned on what success looks like.
Maintain Regular, Structured Communication
A common reason remote probation fails is lack of timely feedback. Regular check-ins — ideally weekly or fortnightly — should be scheduled from the outset. Use video meetings where possible to foster rapport and reduce ambiguity.
These conversations should follow a structured agenda, covering recent achievements, ongoing challenges, and upcoming goals. Documenting these discussions creates a clear record of performance management, which is vital if concerns arise later.
Use a Probation Tracker
To add consistency, employers may implement a probation tracking system. This might be a simple spreadsheet or HR software that records completed tasks, feedback discussions, training provided, and any support offered. Such tools promote transparency, help ensure follow-up, and reduce the risk of subjective decisions.
Support Integration and Collaboration
Remote employees should not feel invisible. Employers should ensure that new hires are actively included in team meetings, online forums, and informal chats. Buddy systems and collaborative tools such as Slack, Teams, or Asana can support relationship-building and ensure employees feel part of the wider culture.
This sense of inclusion is closely linked to performance and can dramatically influence probation outcomes.
Equal Access to Resources
Remote employees must be given the tools to succeed. That includes adequate IT equipment, access to systems, clear onboarding materials, and contact with HR or line managers when needed. If employees are under-resourced, performance may be impacted through no fault of their own — increasing the risk of unfair treatment claims.
Addressing Bias in Hybrid Models
In organisations where some employees work in-office and others remotely, proximity bias can emerge — the unconscious favouring of those who are physically present. To mitigate this, employers should evaluate all probationers against standardised, objective performance criteria.
It’s also important to ensure equal access to opportunities such as training, stretch assignments, and informal recognition. Managers must be mindful not to assume that greater visibility equals greater contribution.
Managing Underperformance During Remote Probation
When concerns arise, the response should be timely and fair. Don’t wait until the end of the probation period to raise issues. Instead, provide early feedback and a clear improvement plan, including measurable targets and timelines.
Support should be offered in the form of training, coaching, or closer guidance. Document all feedback and support efforts, along with the employee’s response. If progress is being made but more time is needed, consider extending the probation period — but only if the contract allows for it, and always confirm the extension in writing.
Conducting Remote Probation Reviews
The final probation review should not be a formality — nor should it be conducted via email alone. Schedule a video call and prepare a structured discussion covering the employee’s performance against objectives, any areas for development, and the decision: to confirm employment, extend probation (if justified), or end the employment.
If the outcome is dismissal, the reasons must be clearly explained, notice given in accordance with the contract or statute, and the decision confirmed in writing. Offering a right of appeal is considered good practice and can help demonstrate procedural fairness, even if not legally required.
Risks of Poorly Managed Remote Probation
Remote working does not reduce an employer’s legal obligations. Common missteps — such as failing to communicate regularly, applying inconsistent standards, or neglecting to document decisions — can increase the risk of disputes. Remote workers are also more vulnerable to feelings of disengagement, which can compound performance issues and drive attrition.
Employers should also be aware that automatic unfair dismissal protections, such as those relating to discrimination or whistleblowing, apply from day one — regardless of the probationary period or work location.
A Framework for Remote Probation Objective Setting
To ensure fair and consistent assessment, employers can use a structured objective-setting template. For example:
Category Objective Measure
Category | Objective | Measure |
---|---|---|
Work Quality | Complete [project] to required standard | Feedback score ≥ 80% |
Communication | Attend and contribute to weekly meetings | Attendance and engagement logs |
Time Management | Deliver tasks on schedule | 100% on-time delivery |
Collaboration | Participate in team projects | Peer or manager feedback |
Initiative | Propose one improvement to process | Proposal submitted and reviewed |
This approach removes subjectivity and creates a defensible, performance-based foundation for decision-making.
Final Thoughts
Remote working is no longer a novelty — it’s the norm for many businesses. That reality means employers must adapt how they assess and manage new starters. Probation processes need to be just as robust, structured, and fair remotely as they are in person.
By setting clear expectations, fostering regular communication, supporting integration, and making objective, well-documented decisions, employers can ensure that probation remains a fair and effective part of remote employment.
Ultimately, investing in a solid remote probation framework not only protects against legal risk — it also helps businesses nurture talent, build trust, and strengthen their teams in a modern, distributed workplace.
Author

Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
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- Gill Lainghttps://www.hrhype.co.uk/author/gill-laing/
- Gill Lainghttps://www.hrhype.co.uk/author/gill-laing/
- Gill Lainghttps://www.hrhype.co.uk/author/gill-laing/