Probation period

A probation period is a trial period at the start of employment — commonly three to six months — during which both sides check the role is a good fit. It is a creature of the contract, not of statute: UK law does not define probation, so its length, any review points and any extension rights are whatever the contract says.

What probation does and doesn't change

Probation does not switch off statutory rights. From day one, staff on probation are still entitled to the National Minimum Wage, payslips, rest breaks, paid holiday accrual and protection from discrimination. The contract may set a shorter notice period during probation, but once someone has a month's service the statutory minimum notice under the Employment Rights Act 1996 applies. An employer can only extend probation if the contract allows it.

Running probation well

A fair probation has clear expectations set at the start, regular check-ins rather than a single verdict at the end, and a proper review meeting with notes. Rules on dismissal protections are an area of ongoing reform, so check current ACAS guidance before relying on a qualifying period.

No dedicated statute — probation is set by the employment contract. Minimum notice: Employment Rights Act 1996, section 86. Practical guidance from ACAS.

Related terms

• DBS check
• Payslip
• Flexible working request