Employee probation notice period guidance for employers

Key takeaways:

• Probation periods aren’t a legal requirement — But they’re a brilliant safety net to help you evaluate new hires before making a long-term commitment.
• Notice rules still apply during trial periods — If someone’s been with you for less than a month, statutory law doesn’t require notice, but after four weeks, a minimum of one week’s notice kicks in on both sides.
• Upcoming legal shifts are changing the game — From 1 January 2027, the qualifying service for ordinary unfair dismissal drops to six months, making 3 to 5-month probation periods the new best practice.
• Always follow a clear, documented process — Even during probation, staff are protected from day one against discrimination and automatically unfair dismissal reasons.

Sometimes, even with the best recruitment process in the world, an employer or employee realises a job just isn’t a good fit. If this happens early on, you need to know how to handle the situation.

So, what are the rules around an employee leaving, or having to let someone go, while they’re still in their trial period? We’ll break down everything you need to know about giving a notice period during probation to help you stay on the right side of employee rights and regulations.

In this guide:

• Are employee probation periods a legal requirement?
• Do you have to give notice during a probation period in the UK?
• What is the notice period when on probation?
• Can an employee quit without notice during a probation period?
• Can I fire an employee during their probation period?
• Can an employee claim unfair dismissal on probation?

Are employee probation periods a legal requirement?

No, they’re not. You don’t have to have probation periods, but they’re recommended. They’re a helpful tool for providing a clear structure for review and feedback to spot and address potential issues, assess whether the employee is suitable, and determine whether it is a mutually good fit. For more information, see our guide to probation period employment law in the UK.

Zero-hours contract probation periods

Most zero-hours staff fall under the “worker” category, meaning either side can end the agreement without giving any notice. But if an employee has already agreed to work specific shifts, it’s fair to expect them to work those shifts or give reasonable notice to find a replacement before they leave.

As always, make sure you check the contract. If the agreement is specifically defined as an “employment” contract rather than just a “worker” agreement, a statutory notice period of one week is likely to be needed. Leaving without working agreed-upon shifts, or terminating before they are done, is likely a breach of contract, not just a reasonable expectation.

You can find out more about the difference between an “employee” and “worker” in our guide to zero-hour contracts.

Do you have to give notice during a probation period in the UK?

The short answer is usually yes. Generally speaking, you need a notice period on both sides. Whether you’re an employer needing to let someone go, or an employee planning to leave, neither party can typically just walk away without some warning.

For a deeper dive into standard employer and employee obligations, take a look at our comprehensive employment law guide.

What is the notice period when on probation?

Probation notice period lengths will depend on what’s in the contract.

You and your employees aren’t held to the same terms — you, as an employer, can choose to give a much shorter notice period during the early days of employment. But the specifics of how much advance notice each party actually needs to give can change depending on how long the employee has been with you.

Want to know more about what your new hires are entitled to? Read our breakdown of employee rights during probation.

Employer notice periods

When figuring out how much notice to give during a probation period, you should always check the terms in the employment contract first. You’ll also need to pay attention to the date the employee joined the company, as the notice period varies slightly based on their length of service.

By law, if an employee has worked for your business for one month or more, they’re entitled to a statutory minimum of one week’s notice.

Extended probation and notice periods

Sometimes, an employer might choose to add a longer probationary period to the contract to protect both parties, and many employers choose to apply a notice period from day one of employment rather than the statutory rule of there being no requirement in the first four weeks.

Once an employee reaches two years of service, they’re automatically entitled to an extra week of notice for every complete year they have been with the business. However, this shouldn’t affect anything during the probationary period itself. While there’s no maximum length for a probationary period, they typically only last between three and six months, and one that continues for several years is highly likely to be inappropriate and unnecessary.

It’s still worth reviewing the start date of their employment, particularly if they’ve moved from a connected business or previously worked for you under a different contract, to avoid accidentally falling into the wrongful dismissal pitfall.

Short-service employee notice periods

On the other hand, if your employee has worked less than one month, there’s no statutory notice required at all. If you feel that they’re a bad fit or even a liability to your business, you can dismiss them immediately unless the contract states they are entitled to notice even within the first four weeks.

Before you dismiss anyone, make a genuine attempt to turn things around. Set out what’s expected, hold regular check-ins, and document your conversations. You’ve already invested time and money in this hire, and a fair process protects you if it does end in dismissal.

A great way to do this is by using a personal development plan template to give them a fair chance to improve.

If things still aren’t working out, you’d be within your rights to let the employee go. Remember, though, even in their probation period, employees still have certain rights — like the right to be accompanied by a work colleague or an accredited trade union official at any disciplinary hearings or termination meetings.

Even within probation, unfair dismissal can still be claimed on “automatically unfair” grounds and discrimination claims can be made. So it’s still crucial to explain the fair and reasonable basis for your decision (and any supporting evidence).

 “Employers often assume probation periods give them total legal immunity, but that’s a risky misconception. Day-one protections against discrimination and whistleblowing apply instantly, so documenting performance feedback right from day one is essential.” – Gill McAteer, Director of Employment Law at Citation

Employee notice periods

If an employee is on probation and chooses to leave before it’s over, they’ll have to give the statutory minimum of one week’s notice if they have worked for more than one month.

It’s also worth noting that one week is a minimum, and employers can set their own longer notice period, or a notice period specifically for trial periods in their contracts of employment.

For example, if an employee’s notice period would ordinarily be four weeks outside of a probationary period, you can set the notice period during the probation period to two weeks, as long as it’s included in writing in their contract of employment.

If the contract sets out a longer notice period, the employee will need to follow this timeframe unless both parties agree to part ways earlier.

As you’ve probably gathered by now, the key is that, whatever the term, it should be in writing so everyone’s on the same page and knows what’s expected of them.

How can I fire an employee during their probation period?

We’ve already established that you can dismiss someone during their probation, but the procedure for doing so may look a bit different compared to a longer-serving employee who has already passed their probation.

With the updates introduced to the Employment Rights Act, you can’t treat short-service dismissals casually anymore. Because of this shift, failing to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures for anyone past the six-month mark now carries the full risk of an ordinary unfair dismissal claim.

If things aren’t working out, you must follow a fair and transparent process: inform the employee of the issue, give them an opportunity to state their case, allow them to be accompanied to formal meetings, and provide a clear right of appeal. Failing to do this can trigger a tribunal compensation uplift of up to 25% if they’re eligible to bring a claim.

You should:

• Invite them to a formal probation review meeting
• Explain clearly why they aren’t meeting the required standards
• Give them a genuine chance to respond and suggest improvements
• Confirm the final decision in writing, explicitly outlining their final pay, notice details, and their right to appeal.

Employees will be in a stronger position if they can show evidence that they have been tackling any specific issues during the probation period. You can then advise them on how they need to improve, then refer back to this in the final meeting.

“The biggest mistake we see managers make is delaying tough conversations until the end of probation. Active management, weekly check-ins, and clear written summaries create the exact paper trail needed if you have to exit someone safely.” – Gill McAteer, Director of Employment Law at Citation

For a closer look at safely parting ways with new employees, read our guide on dismissal during the probationary period.

Can an employee claim unfair dismissal on probation?

It used to be the case that employees with less than two years of service couldn’t claim they were dismissed unfairly. But the upcoming changes from the Employment Rights Act have completely flipped the risk profile for UK employers.

While the government dropped its original proposal to grant ordinary unfair dismissal rights from day one of employment, the final legislation introduces a major adjustment: for dismissals from 1 January 2027, the qualifying service requirement drops from two years to just six months. From that exact same date, the standard compensation cap on unfair dismissal awards is also being completely abolished.

This means an employee on probation can absolutely claim ordinary unfair dismissal if they cross that six-month service line. They’re also protected from day one against “automatically unfair” dismissal reasons, which means they can bring an immediate claim if they’re let go for enforcing their statutory rights, whistleblowing, or raising workplace health and safety issues.

Dismissing employees at the end of their notice period

You also need to watch out for statutory notice. If you dismiss an employee right at the end of a six-month probation period, you have to add their one week of statutory notice. If that notice pushes their final termination date past the six-month threshold, they’ll automatically acquire full unfair dismissal rights. For example:

Don’t fall into the trap of thinking extending someone’s probation buys you a compliance buffer, either. Once they hit six months of continuous service, they have full unfair dismissal rights regardless of what your internal paperwork says.

Because the margins are now so tight, running a traditional six-month trial is becoming a higher-risk strategy. To protect your business, moving to a probation period of 3-5 months, depending on the role and your ability to suitably assess them, is becoming the new best practice. This gives your managers enough time to realistically assess a new hire’s performance, skills, and behaviour while leaving a safe compliance window to exit them lawfully if it’s clear they aren’t a good fit.

Your contract wording may allow for a dismissal with “pay in lieu of notice”, so it takes effect immediately, rather than the employee working their notice. This may seem a safer way to confirm a decision shortly before the six-month deadline, but the law states that, in these circumstances, the employee will still be given any rights they would have acquired if they had been allowed to work their notice period.

FAQs

Can an employee be fired during a probation period?

Yes, you can fire someone during their trial period if it’s clear they aren’t the right fit for your team. However, with unfair dismissal rights kicking in after 6 months and the compensation cap removed, you’ve got to handle the process with extreme care. Make sure you intervene early, document your decisions, and follow the ACAS Code of Practice to keep your business fully protected from a tribunal.

Do you have to give notice during a probation period in the UK?

The short answer is usually yes — neither side can typically walk away without a word. Setting a clear probation period notice in your paperwork keeps things fair and predictable for everyone.

Legally, the statutory baseline shifts depending on how long your new hire has been with you, but having a clear probation period notice spelt out in writing keeps things fair and predictable for everyone. It’s always best to make sure a formal notice during probation period clause is written into your standard contracts of employment from day one.

How much notice should be given during a probation period?

When working out how much notice to give during probation period milestones, you need to check both statutory law and your own contract terms.

• Under one month: If the new hire has worked for you for less than a month, there’s no statutory notice required at all, so you can dismiss them immediately.
• Over one month: Once they have served one month of service, the statutory minimum notice period during probation is 1 week. Watch out for the notice trap here—adding this statutory week to a dismissal close to the six-month mark can accidentally push them over the line into full unfair dismissal protection
• Contractual rules: You can include a longer notice period for probationary periods in your contracts (e.g., 2 weeks), as long as it’s agreed in writing. Just make sure your specific notice period is crystal clear before their first day.

Can an employee quit without notice during a probation period?

The rules for staff quitting their job match the employer’s requirements:

• Less than one month: If they’ve been with you for under a month, they can legally leave without giving notice.
• More than one month: After one month, they must give you at least one week’s statutory notice.
• Check the contract: If their contract states a longer trial notice period, they’ve got to work it unless you both agree to part ways early.

For a deeper look at the legal framework, check out our guide to probation period employment law in the UK.

Stay on top of probation law with Citation

At Citation, our team of HR & Employment Law experts are always on hand to support your business when it comes to navigating the employee notice period during probation.

Our consultants are here to answer any queries you may have, whether it’s about dismissals, contracts, notice periods, employee handbooks, or tribunals.

Got a question? Contact us today to learn how we can help your business, or simply fill out the form on this page.