An Employer's Guide to UK Probation Periods

Key takeaways:

It’s your safety net: Probation periods aren’t a strict legal mandate, but they’re the ultimate contractual tool to check a new hire’s skills and cultural fit before making a long-term commitment.
The timeline is shrinking: Thanks to the landmark Employment Rights Act 2025, the qualifying period for ordinary unfair dismissal drops to just six months on 1 January 2027, meaning your early performance tracking must be sharper than ever.
Day-one protections are real: Don’t get caught out thinking probationary staff have zero rights. From their very first shift, they’re legally entitled to the National Minimum Wage, statutory holiday accrual, and absolute protection against discrimination.
Avoid the default pass trap: If you don’t actively manage, review, and explicitly confirm the outcome of a probation period in writing, you risk an underperforming worker passing by default under the law.

Bringing a new employee on board is an exciting time for any business, but it also comes with a period of adjustment. That’s where a probation period comes in handy. Think of it as a safety net — it gives you the breathing room to make sure your new hire is the right fit, and it gives them the chance to settle into your ways of working.

But navigating the legalities of probation can feel overwhelming. In this guide, we’ll walk you through everything you need to know about probation periods, from what they are and how to make them succeed, to keeping your business on the right side of UK Employment Law.

In this guide:

What is a probation period?

A probation period is the initial ‘trial phase’ at the start of a new employment. It’s specifically intended to make sure the employee can actually do the job they were hired for, and that both the business and the new hire are a great fit for each other.

What is a probation period for?

While it might seem like just another HR formality, a UK probation period can be an incredibly valuable tool for your business. It protects your company from making a bad permanent hire while giving your new starter a structured environment to learn the ropes.

Generally, a successful probation period should focus on three main areas:

1. Setting goals

A probation period gives you and your employee the chance to sit down and set clear goals to be achieved by the end of the trial.

These goals need to be laid out in writing, so there’s absolutely no room for doubt around what’s expected. Usually, you’ll want to put together a plan with measurable targets for your new hire to work towards throughout their probation.

These goals are typically combined with key performance indicators (KPIs) that clearly show whether the employee is picking up the job, like delivering a certain number of projects, or signing a specific number of contracts with new clients.

2. Offering mentorship and training

The probation period also acts as the initial training period to help your new employee settle into their role.

In many businesses, new hires will either be assigned a mentor to shadow or, if they’re replacing an existing employee, there’ll be a thorough handover between the two. This makes sure everything is crystal clear before you leave the new employee to their own devices.

Even if your new employee comes to you with years of previous experience in the industry, it’s still worth giving them this mentorship and training time. Doing so is the best way to guarantee your ways of working are fully aligned and to catch any knowledge gaps that could cause headaches further down the line as they take on more responsibilities.

3. Monitoring performance

Naturally, once you’ve set those goals and completed the training, you need to regularly check in with your employee during their probation to make sure they’re progressing in the right direction.

This will usually take the form of weekly or fortnightly one-to-one meetings with their line manager or HR to discuss what they’ve been working on, how they’ve found it, and whether they need any additional training or support.

How long is a probation period?

So, how long is a probation period supposed to be? The truth is that it can vary quite dramatically depending on the role and your business.

Junior-level roles typically come with a shorter probationary period (since it’s generally easier to tell whether they’re a good fit early on), so a three-month probation is often enough.

But exactly how long is a probation period for more complex roles? More senior, experienced positions might carry a longer four to six-month probationary period to make sure you’ve found someone fully capable of handling the extra responsibility.

What is the statutory probation period in the UK?

A probation period is actually a contractual structure, not a legal requirement. This means there isn’t a true, legally enforceable statutory probation period in the UK. Instead, employers are entirely free to set a probation length that makes sense for them, whether that’s a couple of weeks or a few months.

However, upcoming changes to the Employment Rights Act 2025 will mean that the first six months will, by default, be the standard crucial period to assess and deal with any problems. This new legislation reduces the qualifying period for unfair dismissal from two years to six months on the 1 January 2027.

Because of this, you’ll need to take more time to thoroughly check that hires are a good fit before these ‘day-one’ rights come into effect. Otherwise, you risk employees who are still on probation being granted protection against unfair dismissal, or being stuck with employees who turn out to be a bad fit just after their probation ends.

What is the maximum probation period in the UK?

There isn’t one. Because it’s a contractual choice, there isn’t currently a strict maximum probation period that UK employers need to stick to. It’s completely at your discretion as the employer.

But keep in mind, newer employees want to be given the same benefits and protections as your long-standing team members as soon as possible. If you set an unreasonably long probation period (typically anything over six months), you might really struggle to attract workers who are willing to go without those benefits for such a long time.

What happens at the end of a probation period?

In an ideal scenario, your new hire passes their probation with flying colours and becomes a fully fledged, permanent employee. In this case, you’ll usually need to have a quick meeting to discuss how they’ve done and what has gone well, and to deliver the good news. Then follow up with written confirmation that the probation has officially ended and they’ve passed.

If the employee has, unfortunately, not done enough to pass their probation, this will still need to be confirmed face-to-face in a meeting and in writing. You can then choose to terminate their contract or extend the probation to give them another chance — though extending it isn’t mandatory.

No matter which way the pendulum swings, the most important thing is that you have a clear process in place and that the employee is fully aware when their probation has ended.

If there isn’t a clause in their contract that says that you’ll confirm when their probation has been passed, and they work beyond the probation period specified in the contract of employment, then there could be an argument that they’ve passed their probation by default.

Can you extend a probation period?

Absolutely, provided you’ve laid the groundwork first.

If you’d like the option to extend the probation period, you should include that as a possible outcome in the contracts of employment. You should also provide details of what would happen if the probation period is passed after the extension or if unsatisfactory progress has been made.

Employers usually choose to extend an employee’s probation period when:

The employee’s at risk of failing their probation period
There’s a clear need for additional training and mentorship
The responsibilities within the role have changed slightly since they started
The employee hasn’t quite met expectations for punctuality or attendance

What are an employee’s rights during a probation period?

While your new hire hasn’t become a permanent fixture just yet, they still have certain legally protected rights. You should brush up on employee rights during probation to make sure you’re ticking all the right legal boxes.

Minimum salary for employees on probation

When it comes to pay, probation doesn’t change the rules.

Workers on probation in the UK are legally entitled to at least the National Minimum Wage (NMW) or National Living Wage (NLW) from their first day on the job. A probation period doesn’t give you an exemption from minimum wage laws, even if the employee spends that entire time in training.

Holiday entitlement during probation period in the UK

Navigating managing staff leave is important from day one. When it comes to taking a holiday during a probation period, UK workers have clear rights. Under the rules, staff start building up their annual leave straight away.

While they have a statutory right to this time off, as an employer, you can put an “accrual system” in place during the first year of employment. This usually means they build up 1/12th of their annual leave allowance for each month they work. You can also outline in their contract that they’re limited in how much holiday they can actually take during those crucial first few months.

How to handle sickness during a probation period

Dealing with sickness during the probation period in the UK is fairly straightforward. If a new starter falls ill, they’re entitled to Statutory Sick Pay (SSP) like any other employee, provided they meet the standard eligibility criteria. One of the few scenarios where an employee is not entitled to SSP is if they’ve not yet done any work for their employer (such as calling in sick on their first day).

However, if you offer an enhanced contractual sick pay scheme, it’s common to withhold this perk until the employee successfully passes their probation or potentially even later, such as after a year..

You can also choose to let an employee go for being sick multiple times during their probation, especially if their absences are frequent, long-term, or affect their ability to do the job. However, you must be cautious with dismissing employees if their absences appear to be linked to a disability

Should I include a probation clause in the employment contract?

Having a clear probation clause in your employment contracts is essential for protecting your business and setting clear boundaries. Even if you don’t plan to have probation periods for new employees, you need to state it in the contract.

If you do want to use a probationary period, your contract clause should lay out:

Exactly how long the probation period will last.
The specific notice periods required during this time (for both you and the employee).
A statement confirming your right to extend the trial period if necessary.
A clear message that you’ll be actively monitoring their performance against the expectations of the role.

How does disciplinary action work during a probation period?

If things aren’t going to plan, disciplinary action during a probation period is usually a much more streamlined process than it is for long-standing staff.

The focus here is on giving rapid feedback, setting a fast path for performance improvement, or moving to a quick termination if it’s clear they just aren’t a good fit for the business.

Can you dismiss an employee during their probation?

Dismissal of any kind is a sensitive topic, and it’s one that you need to handle delicately to avoid any wrongful dismissal claims. If it comes to it and you need to dismiss an employee, you can do so for poor performance, gross misconduct, or breach of contract.

However, you’ll need to make sure your reason for letting them go definitely falls within the five fair reasons for dismissal.

Because employees in probation have a short length of service, standard unfair dismissal protections often don’t apply (however, this will soon be changing with the upcoming ERA changes). But, you’ll still need to tread carefully — especially once the new rules come into play.

To avoid claims of discrimination or automatically unfair dismissal, make sure you follow a fair procedure, which should include:

Clearly informing the employee of the issue at hand.
Holding formal meetings to discuss the problem.
Allowing the employee to bring representation to these meetings.

To learn more about complying with employee rights during probation and dismissal, visit our blog on dismissal during the probationary period.

Probation notice periods in the UK

Once an employee has been continuously employed for one month or more, the statutory minimum notice period is one week, which applies to both the employee and you as the employer.

So, whether an employee resigns or you let them go, you’ll both need to stick to the one-week notice period.

You can find out more by reading our guide on how much notice should be given during probation periods.

FAQs

Can an employee resign without notice during their probation?: It largely depends on what's written in their employment contract. Under statutory UK law, there's no notice required from either side during the very first month of employment. However, once they've been with you for more than a month, the statutory minimum notice is one week. If you want a different arrangement — like requiring a week's notice from day one, or a longer notice window—you must explicitly state that within their contract terms.
What should we do if a probationary employee becomes pregnant?: First things first: congratulate them! Secondly, don’t let their pregnancy affect their probation status or review in any way whatsoever. Pregnancy and maternity rights are absolute day-one protections under UK law. If you dismiss a worker during probation or unfairly extend their trial because of pregnancy, pregnancy-related sickness, or upcoming maternity leave, they can take legal action against your business for automatic unfair dismissal and discrimination. These claims carry zero length-of-service requirements and unlimited financial caps at tribunal, so keep your documentation flawless and focus purely on objective performance metrics.
Can we extend an employee's probation period more than once?: You can, but only if your employment contract explicitly grants you the right to issue further extensions, and the employee agrees to it. However, doing this carries massive compliance risks. With the Employment Rights Act 2025 pulling ordinary unfair dismissal protections down to six-months from 1 January 2027, stretching a probation period out to seven or eight months won't give you extra protection. Once they hit that six-month milestone, they gain full unfair dismissal rights anyway, making a second extension largely redundant from a risk perspective.
Do we have to give written reasons for a probationary dismissal?: Under the upcoming updates from the Employment Rights Act 2025, the statutory threshold for an employee to formally request written reasons for their dismissal is dropping from two years to just six months, matching the new unfair dismissal timeline starting 1 January 2027. If you dismiss a worker who has hit the six-month mark, you're legally required to provide clear written reasons if they ask for them. Even before the six-month mark, however, it’s good practice to provide written reasons that help avoid ambiguity or disputes later about what employees were told and the fairness of the reason relied upon.

Stay compliant with UK employee probation law with Citation

We’re the experts when it comes to UK employment law during a probation period. Our team can create compliant employment contracts that meet your needs while keeping you safe from unfair dismissal claims.

We can also assist with a wide range of other HR, Employment Law and Health & Safety services. If you need dismissal procedure advice, we’re here to help! Our consultants are available 24/7 to help you with any compliance issues, as and when they happen. Whether you need us on-site, on the phone, or simply online, we’re here for your business.

Get in touch today or give us a call 0345 844 1111 to find out more.

A guide to UK probation period Employment Law