16 July 2026
Probation is a management tool, not a legal “free pass”, particularly in light of the Employment Rights Act 2025 and the expected reduction in the unfair dismissal qualifying period from January 2027.
It is common for offers of employment to be made subject to certain conditions being satisfied before employment begins (or, in some cases, before employment is confirmed). A successful probation period is only one of many possible conditions.
Pre-employment checks
Medical and health requirements
Criminal record checks
Regulatory and sector-specific requirements
Immigration requirements
Business-related conditions
Internal employment conditions
Probation
A probation period gives both the employer and the employee an opportunity to assess whether the role is the right fit. It is a structured period during which performance, conduct, attendance and suitability can be reviewed before employment is confirmed.
Whilst probation periods are not required by law, they are considered good practice and are one of the most effective tools for managing new employees successfully.
A probation period is an agreed period at the beginning of employment during which an employee’s performance, conduct, attendance and overall suitability for the role are assessed.
The terms of the probation period should be clearly set out in the employee’s contract of employment, including:
A probation period is a contractual arrangement—it is not a separate legal status.
No – There is no legal obligation to have a probation period.
However, most employers choose to include one because it provides a structured framework for:
There is no legal minimum or maximum length for a probation period. The appropriate duration will depend on the nature and complexity of the role, the level of training required, and how long it is likely to take for an employee to demonstrate that they can perform the role to the required standard.
Historically, many employers adopted probation periods of three or six months. However, employers should now review these arrangements.
From January 2027, the Employment Rights Act 2025 is expected to reduce the qualifying period for ordinary unfair dismissal protection from two years to six months. This means employers will have a much shorter window in which to assess a new employee’s suitability before they gain additional employment protection.
As a result, employers should consider a three-month probation period with a contractual right to extend if there has been insufficient time to assess the employee and if further assessment is genuinely required;
Good diary management and scheduled review meetings are just as important as the contractual wording.
Yes, provided the contract allows for this.
Extensions are commonly used where:
Good practice is to:
Probation should never simply ‘drift on’ because no one has made a decision.
Not entirely.
Employees remain entitled to many statutory rights from day one of employment, including:
A probation period does not remove these protections.
Yes, but only if it is managed properly.
A well-managed probation helps employers:
Probation should not be viewed as a “dismissal without process” period.
Align assessment to the original job description and person specification that was used in the hiring process. Typical areas include:
Do not wait until the end of probation. managers should raise concerns as early as possible because there is now a much shorter timeframe in which to assess and address performance issues.
Concerns should be raised with the employee as soon as they become apparent.
The employee should be able to understand:
By this stage there should be no surprises for the employee.
Yes.
A probation period is designed to assess capability, but employers should also provide reasonable support, such as:
Yes.
However, employers should still act reasonably. Whilst a full disciplinary procedure may not be appropriate, employers should normally:
The level of process should be proportionate to the circumstances.
Although every case differs, a fair process usually includes:
✔ Clear expectations from the outset
✔ Regular review meetings
✔ Evidence of concerns
✔ Opportunity to improve (where appropriate)
✔ Support and training
✔ A final review meeting
✔ Opportunity for the employee to comment
✔ Written confirmation of the decision
Unless there is gross misconduct or another exceptional circumstance, employers should avoid dismissing without any discussion
Many employers mistakenly believe probation removes legal risk.
It does not.
Potential claims may include:
From January 2027, many employees will gain ordinary unfair dismissal rights after six months’ service rather than two years, making effective probation management even more important. Employers who leave probation reviews until the end of a six-month period may significantly reduce the time available to manage performance concerns before ordinary unfair dismissal rights arise from January 2027.
The employer should confirm this in writing.
The confirmation letter should include:
This depends on the contract.
Many contracts state that probation will continue until confirmed in writing.
Others state that probation ends automatically after the stated period.
Employers should therefore:
Usually, yes.
Once probation is successfully completed, the employee continues under the normal terms of their contract.
This does not create a new contract—it simply means the probationary arrangements no longer apply and the employment relationship continues under the remaining contractual terms.
A probation period should not simply be viewed as a trial period for the employee. It is equally an opportunity for employers to demonstrate good management, provide support, and make informed decisions about long-term employment. A well-structured probation process can create appositive culture, improve recruitment outcomes, reduce disputes and help build productive employment relationships from the outset.