Many new jobs start with a probation period, often three to six months. It is a time for both sides to see whether the role is a good fit. Probation is common, but it has no special legal definition in UK employment law, so your rights depend largely on your contract and on general employment law.
What probation usually involves
During probation your employer will usually set objectives, hold regular reviews and decide whether to confirm your appointment. You should be told in your written statement of employment particulars, or in your contract, how long probation lasts, what the review process is and what happens at the end.
Is notice shorter during probation?
Often the contract sets a shorter notice period during probation, such as one week, rising once you pass it. There is a statutory minimum notice that applies after one month of service, and a contract cannot go below it. If your contract is silent, the statutory minimum applies. Read the notice clause before you accept a job.
You still have rights
Being on probation does not remove your basic rights. You are entitled to the minimum wage, paid holiday, rest breaks, protection from discrimination and a safe workplace from day one. Rights that depend on length of service, such as statutory redundancy pay, have their own qualifying periods, and the rules on protection from unfair dismissal are subject to change, so check the current position on GOV.UK.
Fair treatment during probation
A good employer will tell you early if something is not working, explain what needs to improve and give you reasonable support and time. They should not dismiss you for a reason connected to a protected characteristic such as disability, sex or race, or because you asserted a legal right, for example by asking for the minimum wage or raising a health and safety concern. Dismissals for those reasons can be unlawful from the first day.
Extending probation
An employer may extend probation if there is a genuine reason, such as sickness absence or a need for more time to assess performance, but they should explain why, how long the extension will be and what you need to achieve. Check your contract, as some contracts allow extension and some do not. An extension should not be used as a way to avoid giving you the rights you would otherwise have.
What happens at the end
At the end of probation, you should be told whether you have passed. Ask for confirmation in writing. Some employers change terms after probation, such as longer notice, pension or other benefits. Make sure you know what changes.
If you are dismissed during probation
You are still entitled to your notice or pay in lieu, and to unused holiday pay. Ask for the reason in writing. If you think the real reason was unlawful, take advice quickly from Acas or Citizens Advice, because tribunal time limits are short.
Tips for succeeding in probation
- Clarify your objectives in week one and ask what good looks like.
- Request regular feedback instead of waiting for a formal review.
- Keep a short record of your achievements and training.
- Raise problems early, such as unclear instructions or workload.
Sources
General information only.
We write for jobseekers, check important claims and link to official sources where rules may change.