A probation period is a set time at the start of employment, often three to six months, during which an employer assesses whether a new hire is suited to the role. It usually involves agreed objectives, regular reviews and a formal decision to confirm, extend or end employment.
How it works in a UK business
Probation is a contractual arrangement rather than a legal requirement. A good probation process sets clear objectives on day one, schedules reviews at regular points and records progress and concerns in writing. At the end, the manager confirms the appointment, extends probation with a clear plan, or ends employment following a fair process.
Probation does not remove an employee's statutory rights. Protection against discrimination and automatically unfair dismissal applies from the first day of employment, whatever the probation terms say.
Why it matters more from 2027
Under the Employment Rights Act 2025, the qualifying period for ordinary unfair dismissal falls to six months from 1 January 2027. For many employers, that means the end of a six-month probation will coincide with full unfair dismissal protection. Managers in growing businesses need to raise and document concerns early, rather than waiting until the final review, and HR leaders should align probation length and review points with the new rules.
Frequently asked questions
How long should a probation period be?
Three to six months is common in the UK, with longer periods sometimes used for senior roles. From January 2027, many employers are reviewing probation length so that a final decision is made comfortably before an employee reaches six months' service and gains ordinary unfair dismissal protection.
Can a probation period be extended?
Yes, if the employment contract allows it. An extension should be agreed in writing, explain the specific concerns and set out what improvement is needed by when. Extending probation does not delay the date on which statutory employment rights apply.
Last updated: 6 November 2026