Adding probation to a new starter’s contract gives you time to assess their suitability and address problems early. An employer can use a UK probation period provided its terms are agreed and recorded, but it doesn’t suspend employment rights.
A six-month assessment, a delayed review and a week’s notice can each look reasonable on their own. Together, they can carry employment beyond the unfair dismissal threshold.
The reform dates below apply to Great Britain; Northern Ireland has separate employment law. Start with the contract, then build your review timetable around the rights that apply.
Key takeaways
- Probation isn’t legally required, and there’s no general statutory maximum, although three to six months is common.
- From 1 January 2027, ordinary unfair dismissal protection generally starts after six months, and the compensatory-award cap is removed.
- Reviews, extensions and dismissal decisions need clear records, with notice included in your timing calculations.
What should a UK probation period include?
Put the terms in writing
Your employment contract or written statement should explain the probation’s length, assessment conditions and any different notice arrangements. Include any right to extend it.
Acas’s probation guidance explains the contractual basis and the rights that continue throughout probation.
Give managers usable terms. A clause saying “six months’ probation” leaves important questions unanswered: who reviews performance, what support is available, and what happens at the deadline? Our guidance on UK employment contract requirements covers how probation and notice fit into the wider agreement.
Choose a length you can manage
Three to six months is typical; a probationary period of three months, with an optional one-month extension, gives you time to assess performance without leaving the decision until six months.
A six-month probation remains lawful after January 2027. So can a longer period, although a year needs a clear reason.
The length doesn’t postpone statutory protection. Pick a period that suits the role, then set review dates that leave time to act.
What rights apply during probation?
Pay, leave and protection start early
Employees retain entitlement to the national minimum wage, paid holiday and statutory sick pay, subject to eligibility. They’re also protected against discrimination related to a protected characteristic, qualifying whistleblowing detriment and unlawful treatment connected with trade-union membership.
From 6 April 2026, paternity leave and unpaid parental leave became day one rights. The three-day statutory sick pay waiting period was also removed under the April 2026 employment rights changes.
Leave and pay have separate conditions. A day one right to paternity leave doesn’t mean every new starter qualifies for statutory paternity pay.
Sickness and disability need separate consideration
An absence during probation may leave you with less time to assess someone. It doesn’t automatically justify extending probation or dismissing them.
Where disability may affect performance, consider reasonable adjustments before deciding that standards haven’t been met. That could mean adapting training, equipment, working arrangements or how feedback is given.
The duty can arise where you know, or reasonably ought to know, about a disability. Employees don’t generally need two years’ service for discrimination, whistleblowing detriment, many automatically unfair dismissal claims or breach-of-contract claims.
What changes on 1 January 2027?
As at October 2026, ordinary unfair dismissal generally requires two years’ continuous employment. The Employment Rights Act 2025 changes that position.
The government’s unfair dismissal reform guidance sets out the new timetable.
| Effective termination date | Ordinary unfair dismissal qualifying period |
|---|---|
| Up to 31 December 2026 | Generally two years |
| On or after 1 January 2027 | Generally six months |
The Employment Rights Act 2025 also removes the compensation cap on the compensatory award from that date. Compensation still depends on the claim and loss; removing the cap doesn’t create an automatic payout.
An employee starting on 1 July 2026 has six months’ service by 1 January 2027. Later starters reach six months later, so your planning needs to cover existing recruits, not only January hires.
The commencement regulations make the effective termination date important. A decision made in December can lead to employment ending in January, when the new qualifying period applies.
Calendar the termination date, not just the meeting. Statutory notice can also affect the qualifying-service calculation.
How should managers run probation reviews?
Review at four and eight weeks
For a three-month probation, hold reviews around weeks four and eight, followed by a decision before the end date. Put all three in the diary when employment starts.
At each probation review meeting, explain the standards, training and supervision available. Treat reviews as part of performance management. A developmental role needs different support from an appointment made for immediate specialist capability, but both need fair assessment.
Keep documentation of what was discussed, the employee’s response and agreed actions. Store the records with the employment record, rather than leaving them in a manager’s inbox.
Raise concerns while improvement is possible
If work falls below the required standard, explain the gap promptly. Set clear objectives, agree suitable support and give a reasonable opportunity to improve.
Don’t save several weeks of concerns for the final meeting. That leaves the employee without useful feedback and you without evidence of a fair assessment.
Serious concerns can justify ending employment before probation expires. Consider the evidence, hear the employee’s explanation, document your reasons and offer an appeal. Where misconduct is involved, our guidance on a fair disciplinary process explains the steps managers should follow.
When can you extend probation?
Use an extension where your contract allows it, and agree it before the original probationary period ends. Confirm it in writing.
Keep documentation of why more assessment is needed, the new end date, expected improvements, available support and review dates.
An extension should have a purpose. Additional training or an interrupted assessment may justify more time; a manager forgetting the review doesn’t provide useful evidence about performance.
Our probationary period planning guide supports policy preparation. Its proposed wording shouldn’t be treated as provisions already in force.
If no confirmation arrives, the outcome depends on the contract’s wording. Where written confirmation is required, employees should raise the missing review with their line manager in writing.
Employers shouldn’t assume silence keeps probation open indefinitely. Confirm the outcome, and remember that continuous service keeps building regardless of whether a pass letter has been issued.
How does notice affect a probation dismissal?
Give the longer applicable notice
For employees with between one month and two years’ service, the statutory minimum employer notice is one week. If the contract promises longer, give the contractual period.
Acas’s statutory notice guidance explains these minimums. Having less than one month’s service doesn’t cancel a contractual notice entitlement.
A contractual pay in lieu of notice (PILON) clause allows employment to end with payment instead of worked notice. Failing to pay notice owed can lead to wrongful dismissal, a breach-of-contract claim.
Summary dismissal without notice requires grounds such as gross misconduct. Failing probation isn’t itself gross misconduct.
Include statutory notice in the service calculation
Take an employee who starts on 1 September 2026. Their employer ends employment immediately on 25 February 2027 and makes a contractual PILON.
Adding one week’s statutory notice takes the relevant qualifying-service calculation to 4 March 2027. By then, the employee has passed six months’ service.
The employee may therefore qualify for ordinary unfair dismissal protection even though the contract ended before the six-month anniversary. This calculation doesn’t generally mean the employment contract continues throughout an unworked notice period.
Paying notice instead of requiring it to be worked doesn’t remove the calculation of qualifying service for unfair dismissal eligibility.
A final review at six months leaves little room for decisions, notice and a fair process. Move the assessment earlier.
Frequently asked questions
Can probation extend beyond six months after January 2027?
Yes. The reform changes when ordinary unfair dismissal protection generally starts, rather than setting a maximum probation length.
A valid extension can continue beyond six months, but an employee who reaches the qualifying period can challenge an unfair dismissal while still on probation. You need a potentially fair reason and a fair procedure.
Does an employee have to give notice when resigning?
Probation doesn’t remove an employee’s notice obligations. Their contract should explain the notice required during probation, alongside applicable statutory rules.
You can agree an earlier leaving date. Record that agreement and explain how final pay and accrued holiday will be handled. Don’t automatically deduct money from wages because someone leaves without working their full notice.
Build probation around decisions you can support
A UK probation period gives you a structure for assessing a new employee. Early reviews and clear evidence give that structure practical value.
At HRoes, we’re employment law specialists, and our employment protection solution was created by award-winning lawyers. It brings human resources consultancy, software, learning and insurance-backed tribunal cover together, with cover up to £250,000, subject to policy terms and following our advice.
Book an intro call to discuss keeping your probation terms, management decisions and employment records working together.