Probation periods: how to run one that works
Probation has no special legal status, so it only works if you run it: objectives, reviews, extension clauses, notice, and the day-one rights that apply throughout.
Reviewed September 2026. Guidance, not legal advice: employment law moves, so check the current position before relying on any of it.
Probation is a management tool, not a legal category. Nothing in UK law defines it, and being "on probation" does not remove any of the rights an employee has from their first day. What probation gives you is a structure: a defined period, a clear standard, regular reviews, and a decision at the end that both sides saw coming.
This guide covers what to put in the contract, how to run the period, the three ways it can end, and the day-one protections that apply whether or not the person passed.
What probation is, and is not
A probationary period is a contractual arrangement under which the first weeks or months of employment are treated as a trial, typically with a shorter notice period and no access to some enhanced benefits. It must be written into the statement of particulars, including its length and any conditions (the Employment Rights Act requires this since 2020).
It is not a period without rights. Protection against discrimination, against dismissal for whistleblowing or asserting a statutory right, for pregnancy, for health and safety activities, and the rights to the minimum wage, paid holiday, rest breaks, a written statement and statutory notice all apply from day one. At the time of writing, ordinary unfair dismissal protection requires two years' service; the Employment Rights Act 2025 is changing that, introducing day-one protection with a statutory initial period during which a lighter-touch dismissal process will apply. Check the current position before relying on service length. Guidance, not legal advice.
What to put in the contract
Five lines in the statement of particulars cover it:
- The length: three months for most roles, six where the job takes longer to learn. Twelve is unusual and hard to justify.
- A right to extend, once, for a stated maximum, where performance is not yet at the standard.
- The notice period during probation: at least the statutory minimum (one week after one month's service), often one week from either side.
- Which benefits start on confirmation, if any.
- That the company may end the employment during or at the end of probation if the standard is not met.
Running the period
Write down what passing looks like before the person starts: three to five things they should be doing reliably by the end. Share it in week one. Meet at the end of the first month, the midpoint and two weeks before the end date, and keep a short note of each meeting. If something is not right, say so at the first review, in specifics, and say what would fix it. The person who hears about a problem for the first time at the final review has a fair complaint, and so does the manager who has to extend because the evidence was never recorded.
Diarise the final review for two weeks before the end date. Probation that lapses in silence is passed by default, and an extension after the end date is not an extension.
The three ways it ends
Passed: a letter confirming the employment, saying what changes (notice, benefits), with two or three specifics about what they did well.
Extended: agreed before the original end date, for a fixed period, stating the areas that are short of the standard in measurable terms, the targets, the support and the review date. One extension. A second needs a very good reason.
Not passed: a meeting the employee knows could end their job, at which they can be accompanied and can respond; a decision in writing with the reason; the notice due (worked or paid in lieu if the contract allows); accrued holiday paid; and an appeal offered. The Acas Code may not strictly apply, but its shape is the safe one, and following it is what makes the decision defensible if a day-one right turns out to be engaged.
When probation is not the answer
If a health condition is affecting performance, the question is adjustments, not probation. If the employee has raised a safety concern, a grievance or a pay complaint and the performance concerns appeared afterwards, be very sure of the evidence. If the real problem is that the job was not what was advertised, the fix is the job. Probation handles "not yet good enough at the job we described"; it does not handle anything else safely.
The checklist
- Probation clause in the statement of particulars: length, extension right, notice, conditions.
- Written objectives shared in week one.
- Reviews at month one, midpoint and two weeks before the end, each noted.
- Final review diarised before the end date, never after.
- Outcome letter within days: passed, extended or not passed.
- Not passed: meeting with warning of possible dismissal, companion allowed, reason in writing, notice and holiday paid, appeal offered.
What the law says
- Employment Rights Act 1996 s.1(4)(ea): the written statement must include any probationary period, its conditions and duration.
- Employment Rights Act 1996 s.86: statutory minimum notice applies during probation.
- Equality Act 2010; Employment Rights Act 1996 Part X (automatically unfair reasons): day-one protections.
- Employment Rights Act 2025: reform of the unfair dismissal qualifying period and the statutory initial period of employment; check implementation dates.
Questions people ask
Can I dismiss someone during probation without a reason?
You can dismiss with notice for a fair reason without the full process that two years' service would require, at the time of writing. You cannot dismiss for a discriminatory or automatically unfair reason at any point, and you should always be able to state a reason and show you gave the person a chance to meet the standard. The law here is changing; check the current position.
Can probation be longer than six months?
Contractually, yes. Practically, if you cannot tell within six months whether someone can do the job, the problem is usually the objectives or the support, not the person. Long probation with reduced benefits also risks looking like a device.
Does probation pause if the employee is off sick?
Only if the contract says so. Many do not, and the end date arrives regardless. An extension clause covering absence is the fix; agree it in writing when the situation arises if the contract is silent.
The admin this guide describes, done for you
Work-Lynx holds the records, calculates the entitlements, drafts the letters and reminds you of the dates: 49 UK policies, GPS clock-in, rotas, leave, timesheets, payslips and Employ AI for the questions in between. £2.50 a month plus £1 per employee, 14 days free, no card.
Start free trial