Probation period exploitation: How experienced professionals are being used and discarded

Some companies are hiring professionals for their expertise, then letting them go just before probation ends. Here’s how to protect yourself from becoming their next victim.

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Stuart Morris is angry. He’s not alone.

The IT Programme Professional recently took to LinkedIn to share a friend’s story. It’s one that’s becoming disturbingly familiar across UK workplaces.

“A good friend of mine — over 50, experienced, and recently returning to work — struggled for months to find a new role,” Morris wrote.

His friend finally landed a position in a completely new sector. Within six months, he delivered nearly six figures in new business. He built a multi-million-pound pipeline. He developed an entire new service, complete with collateral and sales enablement materials.

Then came the message Morris received last week.

“Two days before the end of my six-month probation, they let me go — citing a ‘change in direction’,” his friend said. “They’ve taken my knowledge, my collateral, my sales enablement, and now think their young, inexperienced sales team can take it from here.”

More than 100 people commented on Morris’s post. The conversation it sparked reveals a systemic problem that’s particularly acute for experienced professionals over 50.

Why is this happening now?

Research shows that 33% of over-50s fear they won’t secure another job due to age discrimination, according to a TotalJobs study. The concern is even more acute among women over 50 (37%) and Black workers over 50 (48%).

One in four participants aged 18 and over reported experiencing ageism, with workers over 51 being 1.7 times more likely to face prejudice, according to the Age Discrimination at Work 2024 report by the Centre for Ageing Better. Alarmingly, 25% of retirees and 28% of unemployed respondents attributed their employment status to age-related bias.

The numbers tell a stark story. Candidates are considered ‘too old’ for job roles at an average age of 57 – representing 4.2 million people and £138 billion in economic output.

Companies are exploiting a legal loophole. Workers with under two years of service cannot bring a claim for ordinary unfair dismissal. This means employers can dismiss employees during probation with minimal consequences.

In the 2023/24 reporting year, age discrimination had the highest average claim award at £102,891. Yet many cases never reach tribunals because workers lack the two-year qualifying period.

The pattern Morris describes isn’t a coincidence. It’s exploitation dressed as “change in direction”.

Experienced professionals are hired for what they know. They’re let go just before they gain legal protections. The company keeps their intellectual property, their client relationships, and their sales materials.

Professor Binna Kandola, author of the Age Discrimination at Work 2024 report, described the findings as presenting a troubling picture. Ageism harms businesses by stifling collaboration, limiting innovation, and losing valuable insights.

Employment rights set to change

Change is coming, though not quickly enough for many. But there is hope and positive case studies, as Sarah Mavius, Head of Returners at FDM Group suggested in her comment to Morris’ post,

This is a sad story and hopefully not a trend that will take hold. I’ve had the privilege of working with many professionals over 50 and 60 returning to the workplace, and the wisdom, resilience, and depth of experience they bring is invaluable. It’s bewildering that more businesses aren’t tapping into this talent pool.

We need to challenge discriminatory practices and champion the value of experience at every stage of a career.

The Employment Rights Bill 2024 plans to change workers’ rights by increasing the number of rights from day one of employment. The Government’s preference is for a statutory probation period lasting around nine months.

However, the unfair dismissal changes won’t take effect until Autumn 2026 at the earliest. That’s little comfort for professionals facing exploitation today.

Law firm Osborne Clarke, explains:

“The government will consult on the length of that initial statutory probation period; its preference is nine months.”

The law firm also said the government will also engage further during the passage of the Bill on how they can ensure the probation period has meaningful safeguards to provide stability and security for business and workers.

Osborne Clarke stated,

As a starting point, the government is inclined to suggest it should consist of holding a meeting with the employee to explain the concerns about their performance (at which the employee could choose to be accompanied by a trade union representative or a colleague).

The government will consult extensively, including on how it interacts with Acas’ Code of Practice on Disciplinary and Grievance procedures. It also intends to consult on what a compensation regime for successful claims during the probation period will be, with consideration given to tribunals not being able to award the full compensatory damages currently available.

Boost your chances for an extension or permanent position

If you’re a contractor or on a fixed-term contract hoping to transition to permanent employment, strategic action matters.

• Document everything from day one.
• Keep records of your contributions, deliverables, and client feedback.
• Create a running list of achievements with quantifiable results.
• Build relationships beyond your immediate team.
• Make yourself visible to senior leadership.
• Attend company events.
• Contribute to meetings outside your core responsibilities.
• Ask for regular feedback. Employers should regularly review performance against clear objectives during probation. If they’re not doing this, request it yourself. Monthly check-ins show you’re committed to improvement.
• Align yourself with company goals. Understand the business strategy. Frame your contributions in terms of company objectives. Make yourself essential to their success.

Develop relationships with multiple stakeholders. The more people who value your work, the harder you become to let go. One manager might be willing to exploit you. Ten colleagues advocating for you creates different dynamics.

Questions to ask to get “no-BS” responses

Timing matters. Consider asking these questions during different stages:

During the interview:

“What’s your track record with converting contractors to permanent positions?”

“Can you share examples of people who’ve successfully made that transition here?”

Within the first month:

“What does success look like at the three-month mark?”

“Are there any concerns about my performance I should address now?”

“Who else should I be building relationships with in the organisation?”

At the mid-probation review:

“Based on my performance so far, what’s your current thinking about extension or permanent employment?”

“What would need to change for you to extend my probation or offer me a permanent role?”

“Are there any gaps in my performance I should focus on?”

Two months before probation ends:

“What’s the timeline for making decisions about probation outcomes?”

“What additional evidence of my performance would be helpful for that decision?”

“Can we schedule a formal review meeting to discuss next steps?”

Watch for evasive answers. If you’re getting vague responses or delays, that’s data.

As many as 42% of HR decision-makers have confirmed they’ve personally experienced pressure to hire younger workers. If you sense that pressure, protect yourself.

Preparing for the worst: The strategic exit mindset

Sometimes the best protection is accepting reality early.

Morris’s friend did everything right. He delivered exceptional results. It didn’t matter.

One in seven (15%) candidates over 50 have been rejected from a job explicitly due to their age. This discrimination has discouraged over-50s from seeking new employment, with a quarter (25%) hesitating to apply for jobs.

If you suspect you’re being exploited for knowledge transfer, shift your mindset.

Treat every day as paid training for your next role. Every project, every relationship, every skill you develop has value beyond this position.

Extract value while you provide it. Learn their systems. Understand their market positioning. Build your own network within their industry.

Document your return on investment obsessively. Create a detailed record of every contribution:

• Revenue generated or saved
• Processes improved
• Relationships established
• Problems solved
• Time reduced
• Quality increased

Morris’s friend delivered nearly six figures in new business. He built a multi-million-pound pipeline. These aren’t vague claims. They’re quantifiable achievements.

When you’re let go days before probation ends, you walk away with evidence of your value. That evidence should become the foundation of your next contract rate.

Adjust your rates based on proven ROI. If you delivered £100,000 in six months and were paid £60,000 or less, you provided substantial value. Your next rate should reflect that track record.

Systemic problem, systemic solutions?

Morris ended his post with a call to action: “We need real accountability, stronger protections, and cultural change that values contribution over cosmetics.”

Nearly 88% of respondents believe age discrimination exists in workplaces, with 70% identifying it as a widespread issue.

One in five employers believes that age discrimination occurs in their organisation. Yet around 38% of those surveyed witnessed ageist behaviour, yet over 40% took no action.

The Centre for Ageing Better’s research found something particularly damaging. Older applicants are less likely to be hired, and once employed, less likely to receive training.

This creates a self-fulfilling prophecy. Companies assume older workers can’t adapt. They provide less training. Performance suffers. The assumption appears confirmed.

Morris’s friend proved this wrong. He learned a new sector and new technology. He delivered exceptional results. He was discarded anyway.

Moving forward

The statistics are showing signs that the system is rigged. But understanding how it’s rigged gives candidates options.

Some companies genuinely want experienced professionals. They recognise that where companies get this right, they unlock immense value from a diverse workforce.

Others will exploit you for knowledge transfer. They’ll take your expertise, your materials, your client relationships. They’ll let you go days before legal protections kick in.

Your job is to identify which type you’re dealing with. Early. Accurately. Dispassionately.

If going through a recruitment agency, you may be able to get some intel from them on whether the hiring company has engaged contractors for more than one project or had a habit of letting them go soon before the probation period ends.

How the agency responds could help you decide and save you time, money and disappointment if red flags are raised before you sign a contract. Or the opposite; you could feel more confident that you are going to work with a company that will provide a rewarding experience.

Document everything. Ask direct questions. Build broad support. Extract value while providing it. Prepare for the worst whilst working for the best.

Morris’s friend is back on the market. His house is on the market too. This “isn’t just one story,” Morris wrote. “It’s a systemic problem.”

Until the Employment Rights Bill provides real protections, experienced professionals must protect and act for themselves.

That means treating every probation period as a potential exploitation. It means documenting your value obsessively. It means building relationships broadly. It means asking uncomfortable questions.

This new way of hiring also means being prepared to walk away with your head high, your achievements documented, and your rate adjusted to reflect the genuine value you’ve proven you can deliver.

Sometimes, the best response to a rigged game is refusing to play by their rules.