Employment Rights Act: Why Probation Periods Are a Safeguarding Issue Too
As organisations begin preparing for the proposed changes under the Employment Rights Act, much of the conversation has understandably focused on employment law, probation periods and unfair dismissal.
These are important discussions, but from a safeguarding perspective, I believe there is another conversation we need to be having.
Probation isn't just about performance. It's about safeguarding.
Whenever we recruit someone into a position of trust, whether they work with children, adults at risk, customers, patients, students or colleagues, we are making a decision that has the potential to impact the safety and wellbeing of others.
A probation period should never be viewed as simply a contractual milestone or an opportunity to decide whether someone can do the job. It is one of the most valuable opportunities an organisation has to assess whether an individual demonstrates the behaviours, values and professional judgement needed to safeguard others effectively.
Interviews only tell us so much
Even with robust safer recruitment processes, thorough interviews, references and pre-employment checks, recruitment can only ever provide a snapshot. The real picture often begins to emerge during those first few months in post.
How does someone respond when they are faced with a safeguarding concern?
Do they speak up when something doesn't feel right?
Can they maintain professional boundaries?
Do they demonstrate professional curiosity?
Are they confident to challenge poor practice respectfully?
Do they follow policies, escalate concerns appropriately and keep accurate records?
These are safeguarding competencies that are difficult to assess during recruitment but become much clearer through day-to-day practice.
Safeguarding starts on day one
One area I believe organisations should carefully consider is their safeguarding induction.
Too often, safeguarding training is booked onto the next available course, which could be weeks or even months after someone joins the organisation.
But safeguarding cannot wait.
Every new employee should understand from their very first day:
Their safeguarding responsibilities
How to recognise abuse, neglect and exploitation
How to report concerns
Who their safeguarding leads are
What professional boundaries look like
The culture and values expected within the organisation
An effective induction helps staff feel confident from the outset and demonstrates that safeguarding is everyone's responsibility, not simply the responsibility of the Designated Safeguarding Lead.
Culture matters just as much as competence
One of the things I often say is that safeguarding is far more than compliance. It is about culture. Probation gives leaders a unique opportunity to assess not just what someone knows, but how they behave.
Do they treat people with dignity and respect?
Are they willing to learn?
Do they accept constructive challenge?
Do they contribute positively to psychological safety within the team?
Can colleagues trust them?
These qualities can have a significant impact on an organisation's safeguarding culture.
A technically competent employee who minimises concerns, dismisses colleagues or avoids difficult conversations may unintentionally create safeguarding vulnerabilities. Likewise, an employee who feels psychologically safe is far more likely to report concerns, ask questions, admit mistakes and seek support before situations escalate.
Creating psychologically safe workplaces is therefore not simply good leadership, it is good safeguarding.
Professional curiosity should be visible during probation
Professional curiosity is often discussed when serious case reviews are published, yet it should be nurtured from the very beginning of employment. During probation, managers should be observing whether new employees ask questions, seek to understand people's lived experiences and remain professionally inquisitive rather than making assumptions.
Curiosity protects people.
It helps us identify hidden risks, challenge our own thinking and avoid accepting situations at face value. These are behaviours that deserve just as much attention as technical competence.
Don't overlook low-level concerns
Probation is also an opportunity to identify and address low-level concerns before they become more significant.
Perhaps someone regularly fails to record information accurately.
Maybe they struggle with professional boundaries.
Perhaps they are reluctant to escalate concerns or consistently avoid safeguarding discussions.
None of these issues should automatically lead to disciplinary action, instead, they should prompt supportive conversations, additional training, mentoring or supervision where appropriate. Early intervention benefits everyone. It supports the employee while helping organisations reduce future safeguarding risks.
Managers have an important safeguarding role
If probation periods become shorter, managers will have less time to identify concerns before additional employment protections apply. That makes meaningful probation reviews more important than ever.
Rather than focusing solely on performance objectives, managers should also explore safeguarding confidence and competence.
Useful questions might include:
How confident do you feel responding to safeguarding concerns?
Have you encountered any situations that you found challenging?
Is there anything you're unsure about?
Do you know where to seek safeguarding advice?
What further support or development would help you?
These conversations encourage openness while helping organisations identify learning needs early.
Supervision should not stop after induction
For many sectors, particularly education, health, social care and charities, safeguarding supervision is equally important.
Regular supervision provides staff with dedicated time to reflect, discuss concerns, explore professional boundaries and manage the emotional impact of safeguarding work.
It also enables managers to identify patterns, provide reassurance and continue developing safeguarding confidence long after probation has ended.
Safeguarding competence is not achieved through a single training course. It develops through ongoing reflection, learning and support.
Looking beyond compliance
The proposed Employment Rights Act changes provide organisations with an excellent opportunity to review contracts, probation processes and manager guidance but I would encourage leaders to go one step further.
Review your safeguarding inductio.
Review your supervision arrangements
Review how managers assess safeguarding behaviours not just job performance
Review whether your recruitment processes genuinely assess values as well as competence
And most importantly, ask yourself whether your organisational culture enables people to raise concerns confidently and without fear because safeguarding doesn't begin once probation has been successfully completed. It begins the moment someone joins your organisation.
Every probation meeting is an opportunity to ask a simple but incredibly important question:
Would I trust this person to safeguard the people our organisation exists to protect?
Safeguarding has never been solely about policies, procedures or compliance.
It is about people.
It is about leadership.
It is about culture.
And perhaps now, more than ever, probation should be recognised as one of the most important safeguarding tools an organisation has.