Employment Probation Periods UK: Manager's Guide

Overview

A probationary period is a defined window at the start of employment during which the employer formally evaluates whether the new starter is suitable for the role. It sits inside the employment contract rather than outside it, meaning the employee is employed from day one with all the usual rights that apply from day one (such as pay, working time protections, and protection from unlawful discrimination).

What probation typically changes is the notice period, the approach to performance management, and sometimes access to certain benefits like enhanced sick pay. It is worth remembering that the right to claim ordinary unfair dismissal generally requires two years of continuous service, so probation is not the thing that gives an employer flexibility in the early months, the qualifying period does that.

Probation simply gives the relationship structure: agreed review points, clear standards, and a defined end date at which a decision is made. Done well, it protects both parties by setting expectations in writing and catching problems early.

Key steps

1. Set the probation terms in the contract. Before the employee starts, make sure the written statement of employment particulars sets out the length of probation, any conditions attached to it, the shortened notice period that applies during probation, and the process for confirming or extending it. Clarity here prevents arguments later.
2. Publish a probationary periods policy. A written policy tells managers and employees how probation actually works in your organisation: how reviews are scheduled, who conducts them, what standards are being measured, when extensions are appropriate, and how a decision to dismiss is reached. It should sit alongside your disciplinary and capability procedures.
3. Hold structured reviews throughout the period. Rather than leaving feedback to the end, schedule reviews at sensible intervals, for example after one month, three months, and before the probation expiry date. Use a consistent review form so managers capture performance against objectives, conduct, attendance, and any concerns in writing.
4. Decide the outcome before the end date. The decision to confirm, extend, or end employment must be made and communicated before probation expires. If the deadline slips and you say nothing, the employee may reasonably assume they have passed. Diarise the end date and build in time for the review meeting and the outcome letter.
5. Communicate the outcome in writing. Whether you are confirming the appointment, extending probation for a defined further period, or ending the employment, send a clear letter setting out the decision, the reasons where appropriate, the effective date, and any next steps. For dismissals, follow a fair process and give the correct contractual notice.

Common questions