Glossary · UK
What is Probationary Period?
An initial period at the start of a new job, commonly three to six months, during which an employer assesses a new employee's suitability before confirming their permanent employment.
Full Definition
A probationary period is an initial phase at the start of employment, typically lasting between three and six months (though there is no fixed legal length, and it can be extended by agreement), during which an employer assesses whether a new starter is performing to the required standard and is a good fit for the role before confirming their ongoing employment. Probationary periods are a matter of contract rather than a separate legal status: an employee on probation still has the same statutory employment rights from day one as any other employee (for example, the National Minimum Wage, paid holiday, and the right to a written statement of employment particulars), with the key practical difference being that most employees only gain the right to bring an unfair dismissal claim after two years' continuous service, so an employer can generally end employment during or shortly after probation for performance or conduct reasons with comparatively low legal risk, provided it does not amount to unlawful discrimination or another type of automatically unfair dismissal that does not require the two-year qualifying period. Contracts commonly provide for a shorter notice period during probation (for example one week, rather than the fuller notice that applies once probation is passed) and may set out specific review points, such as a formal check-in at one, three and six months, though these are contractual practices rather than statutory requirements. Auto-enrolment pension duties and Statutory Sick Pay eligibility both continue to apply during probation in the normal way, since neither depends on having passed a probationary period, which is a common misconception among new employees.