What is a Probation Period?

A probation period is a period at the start of employment during which an employer assesses whether you are suitable for the role.

It also gives you an opportunity to decide whether:

• The job is suitable for you
• The working environment meets your expectations
• You have received appropriate training and support
• You want to remain with the organisation

During probation, your employer may review matters such as:

• Performance
• Skills
• Conduct
• Attendance
• Ability to carry out the role
• Progress with training

There is no legal requirement for an employer to use a probation period.

If one applies, the terms should normally be set out clearly in your written statement, employment contract or relevant probation policy.

How Long Should a Probation Period Last?

There is no statutory minimum or maximum length for a probation period.

The appropriate period will depend on the role and the employer's arrangements.

Probation periods commonly last:

• 3 months
• 6 months

However, a longer period may be appropriate for a specialist, technical or senior role where more time is reasonably required for training and assessment.

The contract should make clear:

• How long probation lasts
• What standards are expected
• What reviews will take place
• Whether probation can be extended
• What notice applies during probation
• What happens when probation ends

Can a Probation Period Be Extended?

Potentially, yes.

An employer may decide that more time is needed to assess your suitability where, for example:

• Your performance has not yet reached the required standard
• Further training is required
• More time is reasonably needed to demonstrate improvement
• Significant absence has prevented a proper assessment

The employer should normally have clear rules explaining when probation can be extended.

Where the contract or probation policy gives the employer a right to extend probation, that right should still be exercised reasonably.

The employer should confirm an extension before the original probation period expires.

The extension should normally be confirmed in writing and should explain:

• Why probation is being extended
• How long the extension will last
• What improvement is required
• What support will be provided
• When progress will be reviewed
• What may happen at the end of the extension

Where the extension changes information contained in your statutory written statement, the employer should also update the written particulars within the applicable legal timeframe.

What if My Contract Does Not Allow Probation to Be Extended?

If the contract does not give your employer the right to extend probation, it may need your agreement before changing the probation period.

Simply declaring an extension after the original period has already expired can create contractual difficulties.

This can be especially important if passing probation changes your contractual rights, such as:

• A longer notice period
• Additional benefits
• Bonus entitlement
• Private medical insurance
• Other employment terms

For example, if your contract provides one week's notice during probation but three months' notice after probation, an invalid attempt to extend the probation period could create a dispute about which notice period applies.

Do I Have Employment Rights During Probation?

Yes.

Being on probation does not remove your statutory employment rights.

Depending on your employment status and eligibility, rights can include:

• National Minimum Wage
• Paid annual leave
• Rest breaks
• Itemised payslips
• Statutory Sick Pay
• Protection against unlawful deductions from wages
• Protection against discrimination
• Protection against whistleblowing detriment
• Family-related employment rights
• Reasonable adjustments where you are disabled
• Statutory minimum notice after the qualifying period

Probation is a contractual management arrangement rather than a separate legal employment status.

An employer cannot simply describe you as "on probation" to avoid statutory rights.

Do I Have the Same Contractual Benefits During Probation?

Not necessarily.

Your employer may legitimately provide different contractual benefits during the probation period if the terms of employment clearly provide for this.

For example, some benefits may only become available after successful completion of probation, such as:

• Enhanced sick pay
• Private medical insurance
• Bonus schemes
• Share schemes
• Enhanced notice
• Additional contractual benefits

Whether this is lawful will depend on the contract and the nature of the benefit.

The employer must still comply with minimum statutory rights and must not discriminate unlawfully.

For further guidance, see Bonuses and Shares and Stock Options.

Is the Notice Period Usually Shorter During Probation?

Often, yes.

Many contracts provide a shorter contractual notice period during probation and a longer notice period once probation has been successfully completed.

For example, a contract might provide:

• 1 week's notice during probation
• 3 months' notice after probation

However, contractual notice cannot give an employee less than the applicable statutory minimum.

Once you have worked continuously for at least one month, your employer will generally need to give you at least one week's statutory notice, unless dismissal without notice is legally justified because of gross misconduct.

For further guidance, see Notice.

Can I Claim Unfair Dismissal During Probation?

Potentially, but the ordinary qualifying-service rules are important.

As at 10 September 2026, an employee generally needs two years' continuous employment before bringing an ordinary unfair dismissal claim.

Most new employees dismissed during a conventional three or six-month probation period will therefore not currently have ordinary unfair dismissal protection.

However, there are important exceptions.

No ordinary qualifying period is required for certain automatically unfair dismissal claims.

Depending on the circumstances, these can include dismissal connected with:

• Pregnancy or maternity rights
• Whistleblowing
• Certain health and safety activities
• Trade union rights
• Exercising certain statutory employment rights
• Other automatically unfair reasons

Discrimination claims also do not require two years' service.

Are the Unfair Dismissal Rules Changing?

Yes.

From 1 January 2027, the qualifying period for ordinary unfair dismissal will reduce from two years to six months.

This is particularly important for employers using six-month probation periods.

After the change, an employee reaching six months' continuous employment may acquire ordinary unfair dismissal protection even if the employer's contractual probation period has not yet formally ended.

Probation will therefore not determine whether an employee has statutory unfair dismissal rights.

The employee's actual continuous service will be important.

For further guidance, see Unfair Dismissal.

Does My Employer Need to Follow a Fair Probation Process?

Employers should follow a fair and effective process when assessing employees during probation.

Current Acas guidance recommends regular reviews rather than waiting until the final day of probation to raise concerns.

A fair process should normally include:

• Clear expectations
• Appropriate induction
• Necessary training
• Regular feedback
• Opportunities to raise concerns
• Reasonable support
• Probation review meetings
• A clear final decision

If your employer has concerns about your performance, you should normally be told about them while there is still an opportunity to improve.

The outcome of probation should not come as a complete surprise where problems could reasonably have been raised earlier.

What Should Happen at a Probation Review?

Probation reviews allow you and your manager to discuss your progress.

A review may cover:

• What you are doing well
• Areas requiring improvement
• Training needs
• Support required
• Your wellbeing
• Expectations for the remainder of probation

Employers should normally hold regular reviews during the probation period and a final review before deciding the outcome.

At the final review, possible outcomes can include:

• Successful completion of probation
• Extension of probation
• Dismissal

Where dismissal is being considered, the employer should follow an appropriate fair procedure.

Am I Likely to Face Disciplinary Proceedings During Probation?

An employer does not necessarily need to use a lengthy formal disciplinary procedure for every probationary concern.

However, it should not assume that being on probation means no fair procedure is required.

Current Acas guidance states that dismissal during probation should generally be a last resort.

The employer should consider whether problems could instead be addressed through:

• Performance management
• Additional training
• Support
• A probation extension

Where the issue involves alleged misconduct rather than capability, the employer should consider its disciplinary procedure and the Acas Code of Practice.

A proper process is particularly important where the circumstances could involve:

• Discrimination
• Whistleblowing
• Automatic unfair dismissal
• Breach of contract

For further guidance, see Dismissal and Disciplinary Process.

Do I Have a Right to Be Accompanied at a Probation Meeting?

Not every ordinary probation review automatically carries a statutory right to be accompanied.

However, where a meeting could result in:

• Dismissal
• A formal warning
• Another qualifying disciplinary sanction

a statutory right to request accompaniment may arise.

The companion can normally be:

• A Work colleague
• A Trade union representative
• A Trade union official

An employer may also provide wider rights under its own policy.

If you are disabled, allowing another person to attend may potentially need to be considered as a reasonable adjustment.

Can I Be Dismissed for Failing Probation?

Potentially.

If your employer reasonably concludes that you are not suitable for the role, it may decide to dismiss you.

However, it should normally:

• Explain the concerns
• Give you an opportunity to respond
• Consider appropriate support
• Consider whether improvement is realistic
• Hold an appropriate review
• Follow any relevant contractual procedure
• Give the correct notice
• Confirm the dismissal and reasons

A probation clause does not allow an employer to dismiss unlawfully because of a protected characteristic or another prohibited reason.

What Rights Do I Have if I Am Pregnant During Probation?

Pregnancy and maternity discrimination protection applies regardless of how long you have worked for your employer.

Your employer must not:

• Fail your probation because you are pregnant
• Dismiss you because you are pregnant
• Penalise you for pregnancy-related sickness
• Treat maternity leave as evidence that you are unsuitable for the role

For example, it could be discriminatory to dismiss you simply because maternity leave will begin before the employer has completed its planned probation assessment.

Instead, the employer should consider the circumstances fairly.

It may already have sufficient evidence to confirm that you have successfully passed probation.

If there is genuinely insufficient evidence to assess you, an appropriately agreed probation extension may sometimes be considered.

The employer must ensure that the way it handles the situation does not amount to pregnancy or maternity discrimination.

For further guidance, see Pregnancy Discrimination.

What if I Am Sick During My Probation Period?

Sickness absence can make it more difficult for an employer to assess your performance where a substantial part of probation is missed.

However, absence does not automatically mean probation must be extended or that you should fail.

The employer should consider the performance evidence already available.

For example, if you performed well for four months of a six-month probation before becoming ill, the employer may already have enough evidence to confirm that you have passed probation.

Where there is not enough information to make a proper assessment, an extension may be appropriate.

Am I Entitled to Sick Pay During Probation?

Being on probation does not remove eligibility for statutory sick pay.

If you satisfy the applicable statutory conditions, you should receive the sick pay to which you are entitled.

Your contractual entitlement to enhanced company sick pay may be different if the employer's scheme provides that enhanced benefits only begin after probation.

For further guidance, see Sickness Absence.

What if My Sickness is Related to a Disability?

Your employer needs to be particularly careful where your sickness or performance difficulties may be connected with a disability.

If you meet the Equality Act 2010 definition of disability, your employer may have a legal duty to make reasonable adjustments.

This can affect the way probation is managed.

Possible adjustments might include:

• Extending the probation period
• Adjusting working hours
• Providing additional training
• Changing particular duties
• Providing equipment
• Adjusting attendance procedures
• Allowing additional time to demonstrate performance

An employer should not simply fail your probation because disability-related absence has prevented you from completing the original assessment period without first considering whether reasonable adjustments are required.

For further information, see Disability Discrimination and Reasonable Adjustments.

What Happens if I Am Put on Probation After an Internal Promotion?

An employer may sometimes use a probation or trial period when an existing employee is promoted into a new role.

This situation can be different from probation for a new employee because your continuous employment with the organisation normally continues.

You do not start your employment service again simply because you have been promoted.

This can be particularly important for statutory rights such as unfair dismissal.

For example, as at September 2026, an employee who has already completed more than two years with the organisation will generally have ordinary unfair dismissal protection even if they have only recently started the promoted role.

From January 2027, the ordinary qualifying period reduces to six months.

What if I Do Not Pass Probation in My Promoted Role?

The answer will depend partly on what was agreed when you accepted the promotion.

Ideally, the employer should have made clear:

• Whether the new role was subject to a trial period
• What would happen if the trial was unsuccessful
• Whether you could return to your previous role
• Whether another suitable role would be considered

There is no automatic legal rule guaranteeing that your former position will remain available.

The role may already have been filled.

However, where you have substantial continuous service, the employer should be particularly careful before moving directly from an unsuccessful promotional probation to dismissal.

It should consider:

• Whether you received adequate support
• Whether appropriate training was provided
• Whether performance expectations were reasonable
• Whether you were given an opportunity to improve
• Whether another suitable role is available
• What the contractual arrangements said about returning to your former role

An employer that places an experienced employee into a new position without adequate support and then quickly dismisses them for failing to meet unreasonable expectations may face significant difficulty defending the fairness of the decision.

If the employer decides to terminate your employment altogether, your existing continuous service will remain relevant when considering whether you can bring an Unfair Dismissal claim.