Probation period in the UK: what employers can and can't do

Published Wednesday 19 August 2026

Table of contents

• What is a probation period in the UK?
• How long does a probation period last in the UK?
• Can you extend a probation period, and how?
• What rights apply during probation?
• What notice and dismissal rules apply in probation?
• Can an employee resign during probation?
• What are the upcoming changes to probation law?
• How do you run a fair probation process?
• Keep probation admin simple
• FAQs on probation periods in the UK

Key takeaways

• Probation is contractual, not a legal requirement. Most UK employers set three to six months with clear notice terms and objectives in the contract.
• Statutory rights apply from day one. Employees remain entitled to minimum wage, paid holiday, sick pay eligibility, and protection from discrimination regardless of probation status.
• You can extend probation if the contract allows. Put extensions in writing with clear goals, support, and review dates before the original end date.
• Employment law is changing. Under the Employment Rights Act 2025, the government plans to reduce the qualifying period for ordinary unfair dismissal claims from two years to six months from January 2027.

What is a probation period in the UK?

A probation period is a trial phase at the start of employment that gives both you and your new hire a chance to assess whether the role is the right fit. It's not a legal requirement under UK employment law; it's a contractual arrangement you choose to include in your employment contracts.

During probation, you can set clear expectations, monitor performance, and provide feedback. For the employee, it's an opportunity to learn the role, understand your business culture, and demonstrate their suitability. Think of it as a mutual assessment period that helps reduce the risk of a poor hiring decision.

Most probation periods in the UK last between three and six months, though there's no statutory maximum. The length you choose should reflect the complexity of the role and how long it takes for someone to become fully effective in the position.

Advisory, Conciliation and Arbitration Service (Acas) probation period guidance encourages employers to use probation fairly and transparently. That means setting clear objectives, providing regular feedback, and making decisions before the probation end date, so you actively review progress rather than letting someone ‘pass by default’.

Employees keep their statutory rights during probation. From day one, they're entitled to the national minimum wage, paid annual leave, statutory sick pay (if eligible), and protection from discrimination. What probation does do is give you more flexibility around notice periods and performance management, provided your contract and process are clear and fair.

How long does a probation period last in the UK?

There's no legal maximum for a probation period in the UK, but most employers set either a three-month probation period or a six-month probation period. The right length depends on the role, the level of responsibility, and how quickly you expect someone to get up to speed.

Three months is common for straightforward roles where you can assess competence and cultural fit relatively quickly. It's also easier to manage administratively with three-monthly reviews, a clear decision point, and less time spent in limbo.

Six months works better for more complex or senior positions where it takes longer to see the full picture of someone's performance. It gives you more time to observe how they handle different situations, work with the team, and contribute to projects.

Whatever length you choose, write it clearly in the employment contract. Specify the start and end dates, the notice period during probation, and any review milestones. This protects both you and the employee by setting expectations from the outset.

Is three or six months better?

The answer depends on a few practical factors. Consider the following when deciding on the right length for a role:

• Role complexity: Junior or administrative roles often suit a three-month period. Senior, technical, or managerial roles may need six months to properly assess performance.
• Review cadence: If you plan monthly check-ins, three months gives you three clear review points. Six months allows for more gradual development and a broader range of scenarios to observe.
• Onboarding speed: If your onboarding is thorough and the role has clear, measurable outputs, three months may be enough. If the role involves a steep learning curve or cross-functional collaboration, six months provides breathing room.

There's no one-size-fits-all answer. Choose the length that gives you enough time to make a fair, informed decision without unnecessarily prolonging uncertainty for the employee.

Can you extend a probation period, and how?

Yes, you can extend a probation period, but only if your employment contract includes a clause that allows it. If the contract is silent on extensions, you'll need the employee's written agreement to proceed.

Extending a probation period should be handled carefully and fairly. An extension isn't a punishment; it's an opportunity to provide additional support, set clearer goals, and give the employee more time to demonstrate their capability. If you're considering an extension, it usually means the employee shows potential but hasn't yet met all the performance or conduct standards you expected.

Before issuing an extension, work through each of the following steps to make sure the process is fair, documented, and legally sound.

1. Check the contract

Review the employment contract for an extension clause, any length limits, and review requirements. If there's no clause, you'll need the employee's consent in writing before proceeding. Acting without contractual authority or written agreement can expose you to a breach of contract claim.

2. Meet before the end date

Arrange a meeting to explain your concerns, agree on specific objectives, and offer support or training. Be honest but constructive; focus on what needs to improve and how you'll help them get there. Holding this conversation before the probation end date gives the employee a fair opportunity to respond and engage with the process.

3. Confirm the extension in writing

Issue a short letter confirming the new end date, clear goals, support plan, and review dates. The letter should be factual and set out exactly what success looks like. Vague extension letters create uncertainty and make it harder to make a defensible decision at the end of the extended period.

4. Keep accurate records

Document all meetings, feedback, and decisions throughout the extension. Good records protect both parties and ensure the process is transparent and fair. If the employment ends after the extension, clear documentation will be your primary defence if the decision is later challenged.

How long can an extension be?

Most extensions last one to three months. Anything longer risks creating uncertainty and may suggest the role isn't the right fit. The key is to issue the extension letter before the original probation end date. If you miss that deadline, the employee may be deemed to have passed probation by default, and you'll lose the flexibility the probation period provides.

Be reasonable. If someone needs significant additional time or support, it may be fairer to make a decision now rather than prolonging the process indefinitely.

What rights apply during probation?

Employees on probation have the same probation period rights as any other worker from day one. Probation is a contractual trial period, not a legal loophole that removes statutory protections.

Here's what applies during probation:

• National minimum wage: You must pay at least the legal minimum for the employee's age and role. Probation doesn't allow you to pay below this threshold.
• Paid holiday: Employees accrue statutory annual leave (5.6 weeks for full-time workers) from their first day. They can take this leave during probation, subject to your usual booking process.
• Statutory sick pay eligibility: If the employee meets the notification requirements, they're entitled to SSP during probation.
• Protection from discrimination: All protections under the Equality Act 2010 apply from day one. You need to make sure any decisions are not based on protected characteristics such as age, gender, disability, or race.

Some contractual benefits, like access to a company pension beyond auto-enrolment, enhanced sick pay, or discretionary bonuses, can be deferred until after probation if your contract clearly states this. But statutory rights are non-negotiable.

Understanding these rights helps you design a probation process that's both legally compliant and fair. For more guidance on building a compliant hiring process, see the official government guidance on employment contracts and conditions.

What notice and dismissal rules apply in probation?

Probation period notice rules are set by your employment contract, but they cannot fall below the statutory minimum. Under UK law, employees with less than one month's service have no statutory notice entitlement. For employees with between one month and two years of continuous service, the statutory minimum is one week. After two years, it increases by one week per complete year of service, up to a maximum of 12 weeks.

Most employers set a shorter contractual notice period (often one week or less) during probation to retain flexibility. This must be clearly stated in the contract. If your contract is silent, statutory minimums apply.

The same notice rules apply if the employee resigns during the probation period. If they choose to leave, they must give the notice specified in their contract or the statutory minimum, whichever is greater.

Dismissing someone during probation

You have more flexibility to dismiss during probation than after it, but you still need to follow a fair process. Here's how to approach it:

• Raise concerns early. Raise any concerns well before the last day of probation so the employee knows what needs to improve. Give feedback, offer support, and document the issues.
• Allow time to improve. If performance or conduct issues arise, give the employee a reasonable chance to address them. Provide clear targets, support, and a timeline.
• Document decisions: Keep notes of meetings, feedback, and any support provided. This protects you if the dismissal is later challenged.
• Be aware of claim risks. Most unfair dismissal claims require two years' continuous service, so probationary employees are less likely to bring a claim. However, discrimination claims and other day-one protections (such as whistleblowing or health and safety complaints) can still apply.

Always check your decision is fair, non-discriminatory, and based on legitimate performance or conduct concerns.

What to include in an outcome letter

When probation ends, confirm the outcome in writing. Your letter should cover the following points:

• The decision: Confirm the employee has passed, extend probation with new goals, or end employment.
• Brief reasons: Link your decision to the objectives and performance criteria you set at the start.
• Notice period and final day (if ending employment): State the notice period and the employee's last working day.
• Right of appeal (optional but recommended): Offer a simple internal appeal process to demonstrate fairness.

Keep the letter short, factual, and professional. If you're confirming the employee has passed probation, congratulate them and outline any changes to their contract, such as notice period or benefits.

Can an employee resign during probation?

Yes, an employee can resign at any time during probation. If they choose to leave, they must give the notice period stated in their employment contract or the statutory minimum, whichever is greater.

There is no statutory minimum notice for an employee with less than one month's service. After one month, minimum notice is one week. Most employment contracts set a specific notice period during probation, often one week, so check the contract first before confirming the employee's leaving date.

Notice obligations when an employee resigns

If an employee resigns without giving proper notice, you may be entitled to withhold pay for the unworked notice period, but only if your contract includes a clear clause allowing this. Without that clause, withholding pay risks a breach of contract claim, so it's worth reviewing your contract terms before taking any action.

Handle the resignation professionally regardless of the circumstances. Before the employee's last day, make sure to:

• Confirm receipt of the resignation in writing and state the agreed last working day.
• Calculate any outstanding holiday pay owed up to the leaving date.
• Arrange handover of any work, access, or equipment.
• Process the final payslip, including any accrued but untaken holiday.

Final pay and exit admin

You must pay the employee everything they're owed by their final pay date. This includes checking the following payments before processing the final payslip:

• Basic pay: salary or wages up to and including the last working day
• Accrued holiday: any statutory annual leave earned but not taken, calculated pro rata
• Notice pay: if the employee works their notice, pay as normal; if you agree to waive notice, pay in lieu if your contract allows it

Issue a P45 promptly after the final payment. Keep a record of the resignation, the agreed leaving date, and all payments made in case of a future dispute.

What are the upcoming changes to probation law?

The Employment Rights Act 2025 makes significant changes to how unfair dismissal works in the UK. Under the current rules, employees need two years of continuous service before they can bring an unfair dismissal claim. The Act reduces that qualifying period to six months.

To balance this, the qualifying period gives employers time to assess new hires before full unfair dismissal protections apply, meaning you wouldn't need to follow the full statutory dismissal procedure during that period, but you would still need to act fairly and follow a reasonable process.

These changes are not yet in force. The Act received Royal Assent in December 2025, and the government has indicated the unfair dismissal reforms will not take effect before January 2027. That said, it's worth preparing now so your contracts and processes are ready when the changes come into force.

Here's what the changes could mean in practice:

• Longer probation periods: The six-month qualifying period effectively gives you more time to assess new hires before full unfair dismissal protections apply, so you may want to review whether your current probation length reflects this.
• Process still matters: Even during the qualifying period, dismissals will need to be fair and follow a basic process. Employers will likely need clearer documentation and fairer processes during probation than under the current framework.
• Contracts may need updating: If your employment contracts reference the two-year qualifying period or set probation terms shorter than six months, review them before the changes come into force.
• Documentation becomes more important: With the reduced qualifying period on the horizon, keeping clear records of objectives, reviews, and concerns throughout probation will be essential protection for you as an employer.

Find out what’s changing and how it might affect you on the business.gov.uk page for employers.

How do you run a fair probation process?

A fair probation process is simple, structured, and transparent. It protects you and the employee by setting clear expectations, providing regular feedback, and making timely decisions. Acas probation period guidance emphasises the importance of clarity, communication, and documentation throughout.

Set objectives on day one

Start probation with a clear plan. Within the first week, sit down with the new employee and agree on the following:

• Role expectations: what does success look like in this position?
• Three to five measurable goals: specific, achievable targets that reflect the core responsibilities of the role.
• Conduct and attendance standards: clarify your expectations around punctuality, professionalism, and workplace behaviour.
• How success will be assessed: explain the review process, frequency of check-ins, and who will provide feedback.

Put this in writing and give the employee a copy. This document becomes the reference point for all future reviews and decisions.

Hold regular reviews

Don't wait until the end of probation to give feedback. Schedule short check-ins monthly or fortnightly to discuss progress, address concerns, and remove any blockers.

Each review should cover the following areas:

• What's going well: recognise achievements and positive contributions.
• What needs improvement: be specific about any gaps or concerns.
• Support needs: ask what the employee needs from you or the team to succeed.
• Agreed actions: note any training, resources, or changes to workload, and set a date to review progress.

Keep a written record of each meeting. You can confirm this in an email to the employee.

Decide and document before the end date

Make your decision before the probation end date. If you let the deadline pass without taking action, the employee may be treated as having passed probation under the terms of the contract or in practice.

Your options at the end of probation are:

• Confirm pass. The employee has met expectations and will continue in the role. Update their contract to reflect any changes to notice period or benefits.
• Extend with clear targets. The employee shows potential but needs more time. Set specific goals, provide support, and schedule a final review before the new end date.
• End employment. The employee hasn't met the required standards. Give proper notice, provide brief reasons linked to the original objectives, and handle the exit professionally.

Document your decision in a short, clear letter. If you're ending employment, keep the tone respectful and factual. If you're extending probation, be constructive and supportive.

Keep probation admin simple

Running a fair probation process means staying organised: tracking review dates, documenting feedback, and managing payroll changes without missing a beat. When you centralise your employee records, contracts, and financial admin in one place, you can focus on supporting your new hire rather than chasing paperwork.

Use Xero to keep your employee records, payroll, and key dates in one place so you can stay on top of probation reviews and pay. To see how Xero can support your business, visit the pricing plans page and get one month free.

FAQs on probation periods in the UK

These frequently asked questions clarify common concerns and edge cases around probation periods, helping you run a fair and compliant process.

What is the 3-month rule in a job?

The three-month rule refers to the common practice of setting a three-month probation period at the start of employment. It's not a legal requirement, but many employers use it as a standard trial period for straightforward roles before confirming permanent employment.

Can you dismiss someone during probation without a reason?

Employees with less than two years' service usually don't qualify to bring an unfair dismissal claim. However, you still need a fair, non-discriminatory reason and a reasonable process. Dismissing someone without explanation or feedback can expose you to discrimination or wrongful dismissal claims, so always document your concerns, provide feedback, and give the employee a chance to improve.

Does probation affect pension auto-enrolment?

No. Auto-enrolment obligations apply from the employee's first day of eligible employment, regardless of whether they're on probation. If an employee meets the age and earnings criteria, you must follow the applicable auto-enrolment or postponement rules from the start of employment, regardless of probation status.

What happens to probation if an employee goes on sick leave?

Probation doesn't automatically pause if an employee goes on sick leave, but it's reasonable to extend the probation period to account for the absence, provided your contract allows extensions and you have the employee's agreement. Avoid making a dismissal decision based on the absence itself, as this could lead to a disability discrimination claim if the illness is linked to a protected characteristic.

What happens if you don't confirm the probation outcome before the end date?

If you don't confirm the outcome by the probation end date, the employee may be treated as having passed and gain their full contractual notice and benefits. Put reminders in place so you hold a final review and send the outcome in writing before the end date.

Can an employee take holiday during probation?

Yes. Employees build up statutory holiday from day one and can request time off during probation, and you should handle those requests using your normal booking process.

Do you have to pay statutory sick pay during probation?

Yes. As long as the employee meets the eligibility and notification rules, they qualify for statutory sick pay during probation.

Can you extend probation more than once?

Only if your contract allows it and the employee agrees. Multiple extensions can create uncertainty and suggest the role isn't the right fit. If you're considering a second extension, ask yourself whether it's fairer to make a decision now. Most extensions should be a one-off opp