What Is a Probation Period? A Complete Guide for UK Employers

You’ve found them. The perfect candidate. Their CV was brilliant, they smashed the interview and you’ve got a good feeling about them. But let’s be honest, an interview is just a snapshot. You don’t truly know if someone is the right fit for your team until you see them in action.

That’s where the probation period comes in. It’s your chance to see if the reality lives up to the promise. But for many UK employers, probation periods are a source of confusion. How long should they be? What are the legal rules? And how do you manage them in a way that’s fair, effective and sets your new hire up for success?

This isn’t just about ticking a box in your hiring process. A well-managed probation period is a powerful tool for building a high-performing team. Here, we’ll cut through the legal jargon and give you a clear, practical roadmap for managing probation periods with confidence.

Definition of a probationary period

A probation period is a fixed amount of time at the beginning of a new job where both you and the employee can assess if the role, the company and the person are a good match. Think of it as an extended interview, but with real work.

It’s a trial run for both sides. For you, it’s about confirming their skills, performance and cultural fit. For the employee, it’s a chance to decide if the job is what they expected and if your company is somewhere they want to build a career. While there’s no specific law creating them, they are a standard and accepted part of UK employment practice, referenced by bodies like ACAS.

Why employers use probation periods

Using a probation period isn’t about a lack of trust; it’s about good business sense. It gives you a structured framework to assess a new hire’s suitability for the role before fully committing. The key benefits are clear: you can evaluate their performance against set objectives, see how they integrate with the team culture and gauge their progress with initial training.

If things aren’t working out, it provides a clear process to part ways, potentially with a shorter notice period. But more importantly, when managed well, it’s a crucial part of a positive onboarding experience, giving structure and support when a new starter needs it most.

Knowing why you need one is the first step. The next is deciding on the right timeframe.

How long should a probation period last in the UK?

One of the most common questions we hear is, “How long should a probation period be?” The truth is, there’s no single legal answer. The length is not set by statute but should be “reasonable” and clearly stated in the employment contract.

The most common durations in the UK are three or six months. The right length for your business depends on the complexity of the role. For a junior position where you can assess competency quickly, three months is often plenty. For a senior or highly technical role, a six-month period gives you more time to evaluate their performance on longer-term projects.

Be aware that currently employees can’t claim unfair dismissal until they have at least two years’ continuous service. This means that employers generally don’t need to follow any formal process before this time when terminating someone’s employment.

Under the Employment Rights Act 2025, employees will get unfair dismissal rights after six months’ of employment (this change is due to be implemented in 2027 on a date still to be fixed). Once this change comes into effect it will be advisable that probationary periods last no longer than six months, and if someone is being dismissed, that this occurs before they have reached the six month-mark.

Once an employee has unfair dismissal rights, even if an employee is still within a probationary period, an employer will have been expected to follow a formal performance management process or have issued an employee a number of formal written warnings in a misconduct case, to avoid an unfair dismissal claim. In other words, the fact that someone is in a probationary period will not avoid the need to follow a formal termination process, once someone has unfair dismissal rights. 

3-month vs 6-month probation periods

Choosing between a three and six-month probation period is a strategic decision. A three-month period is often sufficient for entry-level or less complex roles. It’s long enough to assess core skills and cultural fit without feeling overly drawn out.

A six-month probation period is better suited for senior, technical or managerial roles. These positions often require a longer ramp-up time to demonstrate strategic thinking, leadership or complex project delivery. 

Extending a probation period

What if you get to the end of the probation period and you’re still not sure? Extending a probationary period is usually possible,, but you must handle this carefully. You can’t just decide to extend it on a whim; the right to issue extensions should be included as a clause in your original employment contract.

If you do need to extend, you must have a valid reason, such as wanting to see improvement in a specific area of performance. Communicate this to the employee in writing before the original period ends. Be clear about why you are extending it, what improvements you need to see and for how long the extension will last (typically one to three months).

As noted above, once an employee has unfair dismissal rights, you will still be expected to follow a formal termination process (performance management process,  written warnings, etc) even if the employee is still within their probationary period. There is therefore little to be gained by extending a probationary period if this brings an employee into the length of service where they will be able to claim unfair dismissal. Ideally you should make a decision on whether someone has passed or failed probation (and whether they will or will not be kept on as an employee) prior to the date they become eligible to challenge the decision with an unfair dismissal claim. 

UK legal considerations during probation

A common myth is that employees on probation have no rights. This is wrong and can land you in serious legal trouble. While some rights (like protection from unfair dismissal) generally require a certain period of service, your new hires are protected from day one in many other ways.

Statutory employment rights still apply

From the moment they start, an employee on probation is entitled to all of their basic statutory rights. This includes:

• The right to be paid the National Minimum Wage.
• The right to statutory holiday pay.
• Protection against unlawful discrimination.
• The right to not have unlawful deductions from their wages.
• Statutory sick pay (if they meet the eligibility criteria).

Treating a probationary employee any differently in these areas is against the law.

Notice periods and dismissal during probation

The law operates so that neither the employee or the employee have to give any period of notice in the first month of employment, thereafter the minimum statutory notice period is 1 week. Once the employee has two years’ service the notice period is one week for each full year of service, up to a total of 12 weeks.

It is possible for the employment contract to provide for longer notice periods, and to provide for different rules during the probation period.

For example, many contracts state that the notice period during the probationary period is one week, and then one month thereafter. 

However, even with a shorter notice period, it is best practice to follow a  fair and reasonable process if you decide to dismiss someone.  Even without unfair dismissal rights, an employee can still claim for breach of contract or discrimination.

Handling probation failures fairly

If a new hire isn’t meeting the standards, it’s not best practice to just wait until the last day and let them go. A better process (although not strictly a legal requirement) involves giving them a chance to improve.

This means you should provide clear, regular feedback throughout the probation period. Document any performance issues, hold review meetings and set clear objectives for improvement. If you ultimately decide to terminate the employment, you will have a clear, documented record showing you gave them a fair opportunity to succeed. This protects your business and treats the individual with respect. A formal Discipline & Termination Policy can help guide this process.

Best practices for managing probation periods

A probation period shouldn’t be a passive waiting game. It should be an active, supportive process designed to help your new employee succeed. When you invest in them, you are investing in your business.

Setting clear probation objectives

Don’t make your new hire guess what success looks like. From day one, you need to set clear, measurable objectives for their probation period. What do you expect them to achieve in their first 30, 60 and 90 days?

These goals should be specific to their role and tied to your business objectives. Write them down and discuss them in your first week. This not only gives them a clear roadmap but also gives you a concrete framework for assessing their performance.

Conducting probation reviews

Regular check-ins are a great idea. Don’t wait until the final week to give feedback. Schedule formal reviews at key milestones, such as at the end of month one and a mid-point review. Our webinar on hosting smooth performance and probation reviews provides in-depth guidance on this.

These meetings are a two-way street. Discuss their progress against objectives, provide constructive feedback and ask them how they are finding the role. Document everything. These records are vital for making a fair final decision and demonstrating compliance.

Supporting new employees’ success

The goal of a probation period is to create a successful employee, not to catch them out. Provide them with the support they need to thrive. This means a proper onboarding process, access to necessary training and a supportive manager who checks in regularly.

Assigning a mentor or buddy can make a huge difference, giving them a friendly face to turn to for informal questions. When a new hire feels supported, they are far more likely to integrate quickly and start adding value.

What happens after the probation period ends?

As the end date approaches, you have three potential outcomes: successful completion, extension of the probation or termination of employment. Whatever the decision, clear and timely communication is essential. Don’t leave your employee in limbo.

Confirming employment in writing

If the employee has met all their objectives and is a great fit for the team, it’s time to make it official. Don’t just let the date slide by. Proactively inform them that they have successfully passed their probation.

Follow this up with a formal confirmation letter. This simple gesture provides official recognition of their achievement and boosts morale. It’s a positive milestone that signals they are now a fully-fledged member of the team. We have a great successful probation letter template you can adapt for this. If their contract terms change post-probation (e.g., a longer notice period), ensure this is also clearly documented. In cases where the outcome is termination, a formal notice of employment termination is required.

Common questions about probation periods

Do employees have rights during probation?

Yes. From day one, they are entitled to statutory rights like the National Minimum Wage, holiday pay and protection from discrimination.

Can a probation period be extended?

Generally, yes, provided the right to extend is in the contract and there’s a good reason. However, extending multiple times can suggest underlying issues with the role or your management process. It’s better to make a firm decision.

What’s the maximum probation period allowed in the UK?

There is no legal maximum. However, it must be a “reasonable” length for the role. Anything over six months could be seen as unreasonable unless there are very specific circumstances justifying it. It is inadvisable to have a probation period end after the time that employees’ gain rights to claim unfair dismissal (currently two years’ service, but six months’ from 2027).

Manage probation periods with confidence

Probation periods are far more than a simple trial. They are a fundamental part of building a strong, engaged and high-performing team. When managed with clarity, fairness and support, they ensure you hire the right people and empower them to do their best work from day one.

Managing this process with spreadsheets and calendar reminders is messy and leaves you open to risk. Employment Hero’s HR software helps you streamline probation management, track performance objectives, schedule reviews and keep all your documentation in one secure, compliant place.Take the guesswork out of probation periods. See how Employment Hero can help you build the team your business deserves.