Probation period
A probation period is an agreed early stage of employment for reviewing expectations, support and suitability for the role.
What probation is for
A probation period gives a new employee and their manager a defined time to discuss the role, expectations, support and progress. It is created by the employment terms, not as a separate status in employment law. The contract and the employee's statutory rights still apply from the start.
The written statement of employment particulars must include the length and conditions of any probation period. The terms should also say how probation will be reviewed, whether different notice terms apply and whether the employer can extend it. A vague promise to “review later” leaves both sides unsure of where they stand.
Make the review useful
Explain what good performance looks like in practical terms. Hold regular conversations, give specific feedback and record any training or support agreed. The employee should not first hear about a serious concern at the final meeting.
Before probation ends, review the evidence and confirm the outcome in writing. If an extension is permitted and reasonable, explain why it is needed, how long it will last and what improvement or support is expected.
Probation does not remove employment rights
Use a fair, evidence-based process for any decision. Consider disability, discrimination, pregnancy, family leave, whistleblowing and other rights that do not depend on length of service. Check notice and contractual terms before ending employment.
From 1 January 2027, the qualifying period for most ordinary unfair-dismissal claims in Great Britain will reduce from two years to six months. GOV.UK's current dismissal guidance also confirms that Northern Ireland's usual qualifying period remains one year. Rights connected with matters such as discrimination and whistleblowing can apply without the ordinary qualifying period.
Acas probation guidance is a useful starting point when a decision is not straightforward. The label “probation” does not make a poor process safe.
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