A probation period gives both employer and employee a chance to assess whether the role is the right fit. While there's no statutory probation period in UK law, how you manage it has significant legal implications — particularly around unfair dismissal and discrimination.
Setting Up the Probation
- Define the length — typically 3 or 6 months; must be stated in the employment contract
- Set clear objectives — specific, measurable goals the employee must achieve
- Agree review dates — schedule formal reviews at the midpoint and before the end
- Explain the process — ensure the employee understands what's expected and what happens if probation isn't passed
During the Probation
- Regular check-ins — weekly or fortnightly informal catch-ups to address issues early
- Document everything — keep written records of feedback, concerns, and support provided
- Provide support — training, mentoring, and clear guidance where performance falls short
- Address issues promptly — don't wait until the final review to raise concerns
Ending the Probation
At the end of the probation, you should either:
- Confirm employment — the employee moves to full terms
- Extend the probation — if more time is needed (must be contractually permitted)
- End employment — with the contractual notice period; ensure you have documented reasons and have given the employee a fair chance to improve
Legal Considerations
Even during probation, employees have day-one rights including protection from discrimination, the right to the national minimum wage, and statutory holiday. Dismissing someone during probation without following a fair process can still result in a claim if discrimination is alleged.
Need help structuring your probation process? Our performance management service includes probation frameworks and review templates. Contact us.
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What's Changing in 2026–27
Updated August 2026: Under the Employment Rights Act, from October 2026 the time limit for bringing most tribunal claims doubles from 3 months to 6 months. From January 2027, employees will need only 6 months' service — down from 2 years — to claim ordinary unfair dismissal, and the compensatory award cap (£123,543 from 6 April 2026) is removed entirely. The pressure is already visible: employment tribunals received 50,000 new claims between January and March 2026, up 39% on the previous year (MoJ tribunal statistics), with 64,000 single claims waiting at the end of March 2026. Getting the process right first time has never mattered more.