A probation period is a structured time at the start of employment during which both employer and employee assess whether the role is a good fit. It is not a legal requirement, but it is a widely used management tool. However, probation must be run fairly and transparently. Importantly, from 1 January 2027, employees will gain the right to claim unfair dismissal after just 6 months of service, down from the current 2-year qualifying period—which significantly affects how probation works in practice.
What probation is and how long it should be
Probation is a trial period during which an employer checks whether an employee is suitable for the job and the employee assesses whether they are happy in the role. There is no legal requirement to have a probation period, and there is no legally mandated length. Probation can be as short as one month or as long as you choose.
However, the length should be tailored to the job. A probation of three months is common for standard roles, while technical or specialist positions may require six months or longer for proper training and assessment. A very short probation of two weeks is unlikely to give either party enough time to make a fair assessment.
Make clear in the employment contract the length of probation, when it will be reviewed, what will be assessed, and what happens at the end. Confirm whether notice periods during probation differ from those after probation ends—for example, some employers require shorter notice during probation.
Include probation terms in the contract
Before employment begins, set out probation clearly in the written employment contract or statement of particulars. Include the length of the probation period, what the employee will be assessed on (for example, technical skills, teamwork, meeting deadlines), who will manage and review them, the dates of formal reviews, and what happens if probation is not successfully completed.
Make clear that all employment protections apply during probation, including the statutory minimum wage, paid holiday entitlement, discrimination law, whistleblowing protections, and health and safety obligations. Probation does not remove these rights; it is a management process, not a legal exemption.
Notice periods during probation
You can set different notice periods for during probation and after probation ends. For example, an employee might be required to give one week’s notice during probation but three months’ notice after. Similarly, you can require shorter notice to dismiss during probation.
However, any notice period you set must be documented in the contract and applied fairly. You cannot dismiss during probation without any notice unless there is a valid reason—such as gross misconduct—and you follow a fair process.
Structured reviews and objectives
Probation should include regular structured reviews, not just an informal chat at the end. Conduct a formal review meeting at least once during probation and a final review near the end to discuss the outcome.
At each review, set out clearly what the employee needs to do to perform well. For a customer service role, this might include handling calls within target times, meeting customer satisfaction scores, and following company procedures. For a technical role, it might include completing training modules, contributing to team projects, and demonstrating specific technical competencies.
Discuss with the employee what support they need to meet these standards—whether that is training, mentoring, additional resources, or closer supervision. Many probation failures are due to lack of clarity about expectations rather than poor performance.
Before each review meeting, give the employee advance notice so they can prepare. During the meeting, allow time for two-way discussion; do not simply tell them what you think. Ask for their feedback on how they are finding the role, whether they feel supported, and whether there are any concerns or barriers to performance. Document the discussion and agree on next steps.
Extending the probation period
If at the end of probation you have concerns about suitability but believe the employee can succeed with more time and support, you can extend the probation period. Extensions should typically be between one and three months; shorter extensions may not give sufficient time, and longer extensions may feel punitive.
Before extending probation, ensure the employee understands why the extension is necessary and what specific areas need improvement. Set out a clear plan: what will be worked on, what support will be provided, and what success looks like. Ideally, put this plan in writing and get agreement from the employee.
Extending probation must not be used as a substitute for managing performance issues that would normally be handled through capability or conduct procedures. If an employee is not meeting standards, but you believe they can improve with support, extension can be fair. However, if there are serious capability or conduct concerns, you may need to follow formal performance or disciplinary procedures instead.
Dismissal at the end of probation
If probation is not successful, you can end employment at the end of the probation period by giving the notice required in the contract. If no notice period is specified, you should give at least one week’s notice.
You must follow a fair process, even when dismissing during or at the end of probation. Give the employee a chance to respond to your concerns, allow them to have a companion present (if they wish), and listen to their perspective before making a final decision.
However, there is an important change coming in January 2027: the qualifying period for unfair dismissal protection is being reduced from 2 years to 6 months. This means from 1 January 2027, if you dismiss an employee after six months of service, they can claim unfair dismissal at an employment tribunal if the dismissal was not fair or handled properly.
The 2027 change: 6-month qualifying period
Currently, an employee cannot claim unfair dismissal until they have worked for you for two years. This is changing on 1 January 2027. From that date, employees will have the right to claim unfair dismissal after just six months of service.
This has significant implications for probation. If your probation period is longer than six months, the employee will be protected by unfair dismissal law during the second half of probation. Even if you decide not to pass them at the end of probation, they can claim the dismissal was unfair if you did not follow a fair procedure or if there was no genuine capability reason for the dismissal.
If your probation period is six months or shorter, the employee can still claim unfair dismissal after six months, so they will gain protection after (or during the final period of) probation. This does not mean you cannot dismiss during probation—it means you must be fair about it.
What this means in practice: ensure your probation reviews are documented, objectives are clear, support is offered, and the decision to dismiss is based on evidence rather than subjective opinion. The stronger your documentation and the fairer your process, the less risk of an unfair dismissal claim succeeding.
Other employment protections during probation
Probation does not suspend any other employment protections. During probation, an employee is still entitled to:
- The statutory minimum wage and all wages they have earned
- Paid holiday (5.6 weeks per year, pro-rata)
- Protection from discrimination on grounds of age, disability, gender, race, religion, sexual orientation, or any other protected characteristic
- Maternity and family leave
- Statutory sick leave
- Protection for whistleblowing
- Health and safety protections
- Notice periods (as set in the contract)
If you dismiss during probation for any reason connected to these rights—for example, because they took sick leave or raised a health and safety concern—the dismissal is automatically unfair regardless of the two-year (or six-month) qualifying period. This is known as “automatically unfair dismissal” and carries no qualifying period.
Common mistakes during probation
Not setting clear objectives: Vague expectations like “fit in well” or “show potential” lead to disputes. Be specific about what success looks like.
No documentation: If probation ends without written records of reviews, objectives, or feedback, you have no evidence to support your decision. Keep records of each review meeting and any concerns raised.
Dismissing without a reason: Even during probation, you must have a fair reason for dismissal. It cannot be arbitrary.
Not offering support: If an employee is struggling, offer help—training, mentoring, or adjusted workload—before deciding to dismiss.
Ignoring the 2027 change: Review your probation policy in light of the new 6-month qualifying period for unfair dismissal. Ensure your processes are fair, as employees will have legal protection sooner than before.
Key points
- There is no legal requirement for probation, and length is your choice, but it should be tailored to the role
- Probation terms must be in the employment contract
- Conduct regular formal reviews with clear objectives and documented feedback
- All employment protections apply during probation
- You can extend probation if concerns can be addressed with more time and support (one to three months typically)
- You can dismiss at the end of probation with proper notice, but must follow a fair process
- From 1 January 2027, unfair dismissal protection begins after 6 months (not 2 years), so probation dismissals must be fair and documented
- Other employment protections during probation have no qualifying period; dismissal for exercising them is automatically unfair
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