How do employers know if the new workers they’ve hired actually have what it takes to perform their jobs well? What assurances do employees have that their working conditions will be just as their employers promised and that they’ll enjoy their new positions? At the beginning of any new employment period, these concerns are very common.

Probation periods help to reduce these worries and give both sides a chance to test out their situation. Here, we’ll look at how probation periods in the United Kingdom are used and regulated for the good of both employees and employers.

Definition of a Probation Period in the United Kingdom

In the UK, a probation period is a set period of time at the beginning of a new hire’s employment. It is a contractual arrangement and is not the same as the statutory qualifying period for unfair dismissal protection, although the two can overlap. This is a time for the employer to assess the skills and abilities of their new workers on the job and to find out if they’ll fit well into their teams and the overall company culture. During these periods, employees also assess their own fit into the organization, the reality of their working conditions, and their feelings about their new positions.

If an employer uses a probation period, its length and conditions must be set out in the written statement of employment particulars, which employers must give employees and workers on their first day of work. Probation does not by itself change an employee’s statutory rights. Unfair dismissal protection depends on length of continuous service, and statutory minimum notice applies once an employee has worked for one month, whether or not they are still on probation. Employers can agree shorter contractual notice for the probation period, as long as it does not fall below the statutory minimum.

Lengths of Probationary Periods in the United Kingdom

The United Kingdom’s Employment Rights Act of 1996 does not regulate probation periods directly, and there is no statutory maximum length for a probation period. What the ERA sets is the qualifying period of continuous employment an employee needs before they can bring an ordinary unfair dismissal claim. This is currently two years in England, Wales and Scotland (Northern Ireland has its own employment legislation). Once employees pass this point, they are protected against unfair dismissal whether or not their probation period has ended.

In an upcoming change, Section 25 of the Employment Rights Act 2025 reduces the qualifying period from two years to six months. The Employment Rights Act 2025 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2026 bring this into force on 1 January 2027 for all dismissals with an effective date of termination on or after that date. This means employees who already have six months’ service on 1 January 2027 will gain unfair dismissal protection on that date.

In practice, most employers use probation periods of between three and six months. The length of a probation period should be included in each employee’s contract as well as any possibility of an extension to the original period if the employer deems it unsuccessful. The expectations for the employee’s performance should also be clearly stated.

Legal Considerations of Probation Periods in the United Kingdom

The laws that regulate probation periods in different countries vary widely. However, they normally offer fewer protections for the employee and employer than during normal employment and this is the case In the UK as well. The rules governing UK probationary periods include:

Pay and Working Conditions

Unlike in other countries which allow employers to pay probationary workers less, the UK does not offer such provisions. Instead, employers are required to pay probationary workers their contractually agreed normal wages which must, of course, match or be higher than the national minimum wage. Probationary workers also cannot be made to work longer hours or have fewer breaks than normal workers.

Termination and Notice

The main regulation that defines probation periods in the UK comes from Section 108 of the ERA. This rule states that while employees normally have the right not to be unfairly dismissed by their employers, this protection doesn’t apply to workers who have worked fewer than two full years of continuous employment for their employer (six months from 1 January 2027, as explained above). This means that during the qualifying period, employers do not need to show a fair reason for dismissal or follow a fair dismissal procedure to defend against an ordinary unfair dismissal claim. However, dismissals for automatically unfair reasons, such as pregnancy, whistleblowing, raising health and safety concerns or asserting a statutory right, are protected from the first day of employment. Dismissals that amount to discrimination under the Equality Act 2010 are also unlawful regardless of length of service. However, employees also do not need to provide reasons for resigning.

While notice periods during probation periods aren’t explicitly mandated, they still must follow general regulations. Neither the employee nor the employer needs to provide any statutory minimum notice if terminating a contract before the employee has completed one month of work although any notice period agreed in the contract still applies. After one month, however, both parties must give at least one week’s notice under Section 86 of the ERA, unless the contract provides for longer.

Pregnant employees are protected from the first day of employment, including during probation. Dismissing an employee for a reason connected with pregnancy or maternity leave is automatically unfair regardless of length of service, and it is also unlawful pregnancy and maternity discrimination. In redundancy situations, pregnant employees and new parents have the right to be offered a suitable alternative job, if one is available, from the date they tell their employer they are pregnant until 18 months after the birth.

Vacation / Holidays

England and Wales have eight bank holidays a year, Scotland has nine and Northern Ireland has ten. There is no statutory right to time off on bank holidays, and employers do not have to give them as paid leave, but they can choose to count them toward a worker’s statutory annual leave. The same rules apply to probationary workers.

UK workers receive at least 5.6 weeks of paid annual leave each year, which is 28 days for someone working five days a week. Statutory paid leave is capped at 28 days, and part-time workers receive a pro rata amount. During their first year of employment, workers accrue 1/12 of their annual entitlement on the first day of each month. Workers with irregular hours or who work only part of the year instead accrue leave based on the hours they have worked. Probationary workers accrue this leave and are entitled to take it as it is accrued. Statutory leave should normally be taken in the leave year in which it accrues. However, workers can carry over leave where a relevant agreement, such as the employment contract, allows it. They must also be allowed to carry over leave in certain situations, such as when they could not take it because of sickness or statutory family leave, or because the employer did not give them the opportunity to take it.

Benefits of Probation Periods in the United Kingdom

Probation periods can be good for both employees and employers and carry the following benefits:

  • For Employees

Employees have the opportunity to try out their new roles and responsibilities before committing to them long-term

They can resign more easily at the start of their probation periods

  • For Employers

Employers can terminate employees easily if they’re not working out

They have time to assess the skills and abilities of their new hires

Employees are highly motivated to perform well during probation

Frequently Asked Questions

No, probation periods are not mandated by any UK law and are therefore at the discretion of the employer. They may also be influenced by collective bargaining agreements.

Yes, it is possible to extend probation in the UK if the employer feels that the initial probation period was unsuccessful and wants to give the employee an opportunity to improve. However, the possibility of extension must be included in the employee’s contract from the start and the total period of probation cannot exceed two years.

It depends on how long an employee has worked. If less than one month, no notice is required from either the employee or the employer. However, after one month, both parties are required to give the other one week’s notice if they want to terminate the employment contract. 

While qualifying periods can last up to two years, they typically last only three to six months.