Probation Period Law
Probation periods are contractual, not statutory. They do not reduce employment rights. Employees on probation have full statutory rights from day one (except unfair dismissal which requires 2 years service). Notice periods apply during probation though shorter contractual notice may be agreed.
Last updated: February 2025
3-6 months
Typical duration
1 week
Statutory notice (after 1 month)
2 years (unaffected by probation)
Unfair dismissal qualifying period
What the Law Says
UK law does not regulate probation periods; they are purely contractual arrangements. An employee on probation has the same statutory rights as any other employee from day one, including protection against discrimination, whistleblowing detriment, and entitlement to NMW, SSP, and statutory leave. Unfair dismissal protection requires 2 years service regardless of probation status.
Your Obligations as an Employer
- Set clear expectations and objectives for the probation period
- Provide regular feedback and support during probation
- Follow a fair process if dismissing during probation
- Give contractual notice (or at least statutory minimum of 1 week after 1 month)
What to Include in Contracts
Specify the probation period length (typically 3-6 months), the objectives and review process, notice periods during probation (can be shorter than post-probation), provision for extension if needed, and confirmation of terms on successful completion.
View related contract templateCommon Mistakes
- Assuming employees on probation have no employment rights
- Dismissing during probation without any process or explanation
- Automatically extending probation without a contractual right to do so
FAQ
Can an employee be dismissed during probation without reason?
While employees under 2 years service generally cannot claim ordinary unfair dismissal, they still have day-one protection against automatically unfair dismissal (pregnancy, whistleblowing, discrimination). A fair process is always recommended to minimise legal risk and demonstrate good practice.
Can probation be extended?
Only if the contract expressly allows for extension and specifies the circumstances and maximum extended period. Without a contractual right, extending probation requires the employee's agreement. Any extension should be accompanied by a clear plan and objectives.
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Get Started FreeThis is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.
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