Probation Period Rules UK: Employer's Guide (2025)
Probation periods let you assess new employees before confirming permanent employment. Here's what UK law says about probation lengths, rights, and best practices.
Key Point
There's no legal requirement to have a probation period in UK law. It's an optional contractual arrangement between employer and employee.
How Long Should a Probation Period Be?
While there's no legal maximum or minimum, typical probation periods in the UK are:
3 Months
Most common for junior roles and standard positions
6 Months
Typical for senior roles or specialized positions
12 Months
Occasionally used for very senior or complex roles
Can You Extend a Probation Period?
Yes, but only if the employment contract allows for extensions. You can't unilaterally extend probation unless the contract explicitly gives you this right. Best practice is to include an extension clause in the original contract.
Employee Rights During Probation
Employees on probation have the same legal rights as permanent employees, including:
Full Employment Rights
National Minimum Wage, paid holiday, rest breaks, and protection from discrimination apply from day one.
Notice Periods
After 1 month of employment, employees are entitled to at least 1 week's statutory notice (or more if stated in their contract).
Unfair Dismissal Protection
Generally requires 2 years of service, but discrimination-based dismissals are unlawful from day one.
Notice Periods During Probation
Many employers use shorter notice periods during probation (e.g., 1 week instead of 1 month). This is legal as long as it meets statutory minimums:
- →Less than 1 month service: No statutory notice required (but good practice to give at least 1 week)
- →1 month to 2 years: Minimum 1 week's notice required
- →After 2 years: 1 week per year of service (max 12 weeks)
Best Practices for Probation Periods
- 1. Set clear objectives: Define what success looks like at the end of probation
- 2. Regular reviews: Schedule check-ins at 1 month, 2 months, and before the end of probation
- 3. Document everything: Keep written records of performance, feedback, and any concerns
- 4. Be consistent: Apply the same probation standards to all employees in similar roles
- 5. Confirm in writing: Send a letter confirming successful completion of probation
What to Include in a Probation Clause
Your employment contract should clearly state:
- ✓The length of the probationary period
- ✓Notice period during probation (for both parties)
- ✓Whether the probation can be extended (and by how long)
- ✓What happens at the end of probation (automatic confirmation or review required)
- ✓Any performance criteria or objectives to be met
Include Probation Clauses Automatically
Our employment contract generator includes legally-compliant probation clauses with customizable lengths and notice periods.
Create Contract with Probation Clause