Employment Guide · 2026/27

Probationary Period Rights: What Employers Can and Can't Do

A probationary period is a contractual, not statutory, arrangement — yet it affects notice, dismissal risk and how quickly benefits kick in. This guide explains what rights apply from day one, what changes at the two-year mark, and how the Employment Rights Bill is reshaping the picture.

Last updated: 3 July 2026Last reviewed: 3 July 2026How we verify

What a Probationary Period Actually Is

There is no statutory definition of a “probationary period” in UK law. It is purely a contractual device employers use to assess whether a new hire is suited to the role before confirming permanent status. Typical lengths are three to six months, though some senior or specialist roles run to nine months or a year.

During probation you remain an employee (or worker) with a contract of employment, and most of your statutory rights are unaffected. What genuinely changes is the risk of dismissal without the two-year qualifying service needed for an ordinary unfair dismissal claim, and — often — a shorter contractual notice period.

Day-One Rights That Still Apply

Regardless of probation status, these rights apply from your very first day:

A written statement of employment particulars (pay, hours, holiday, notice)
National Minimum Wage / National Living Wage (£12.71/hour for age 21+ from April 2026/27)
Statutory holiday entitlement (5.6 weeks pro rata), accruing from day one
Protection from unlawful discrimination under the Equality Act 2010
Protection from automatic unfair dismissal — for example, dismissal linked to pregnancy, whistleblowing, or asserting a statutory right
The right to be accompanied at a formal disciplinary or grievance meeting
Statutory Sick Pay, once the qualifying conditions (average weekly earnings above the Lower Earnings Limit) are met

Use our Take-Home Pay Calculator to check your net pay is correct from your very first payslip.

Dismissal During Probation

Because ordinary unfair dismissal protection currently requires two years' continuous service, most employers can dismiss a probationary employee for poor performance or “not being the right fit” without following the full disciplinary process they would use for a longer-serving employee — provided the real reason is not one of the automatically unfair or discriminatory reasons listed above.

Good practice — and often a contractual requirement — is still to hold a probation review meeting, give clear written feedback, and confirm the outcome in writing. Many employment tribunal claims during probation succeed not because service was short, but because the underlying reason for dismissal was actually about a protected characteristic, a pregnancy, or a whistleblowing disclosure dressed up as a performance issue.

Notice Periods During Probation

Many employment contracts set a shorter notice period during probation — commonly one week — rising to the standard contractual notice (often one month) once probation is confirmed. If the contract is silent, the statutory minimum applies once you have been employed for at least one calendar month:

Under 1 month's service: no statutory minimum notice
1 month to 2 years' service: 1 week's statutory minimum notice
Each further complete year of service: +1 week, up to a maximum of 12 weeks

Check your written statement carefully — probationary notice clauses are one of the most common sources of dispute when a role ends early.

Extending Probation

An employer can only extend a probationary period if the contract allows it (or with your agreement). A common scenario is a borderline performance review, where the employer offers a further one to three months rather than dismissing outright. You should always be told the specific reasons in writing, and given clear, measurable objectives for the extension period.

The Employment Rights Bill Change

The Employment Rights Bill removes the two-year qualifying period for ordinary unfair dismissal, making it a day-one right. To balance this, the government has proposed a lighter-touch “initial period of employment” — expected to run for around nine months, subject to consultation — during which employers can use a simplified and faster fair dismissal process for genuine performance or suitability issues, rather than the full procedure required for longer-serving staff.

This does not remove protection altogether: automatically unfair reasons and discrimination claims will still carry no minimum service requirement at all, exactly as they do today. See our Employment Rights Bill 2026 changes guide for the full implementation timetable.

FAQs

Is a probationary period a legal requirement in the UK?

No. There is no statutory concept of a "probationary period" in UK employment law — it is a contractual arrangement. Most employers use one anyway, typically 3 to 6 months, to assess a new employee's suitability before confirming permanent employment.

Can you be dismissed during probation without a reason?

Employees generally only gain the right to claim ordinary unfair dismissal after 2 years' continuous service, so most probationary dismissals fall outside that protection. However, day-one rights — including protection from discrimination, automatic unfair dismissal (e.g. for whistleblowing or pregnancy) and the right to be paid correctly — still apply from your first day.

What notice period applies during probation?

Many contracts set a shorter notice period during probation, commonly one week, rather than the standard statutory minimum that builds up with service. If your contract is silent, the statutory minimum of one week (after one month's service) applies. Check your written statement of employment particulars for the exact clause.

Do you get a written statement of terms during probation?

Yes. Since 6 April 2020, all employees and workers are entitled to a written statement of employment particulars from day one, regardless of probation status. It should confirm pay, hours, holiday entitlement and notice terms.

How does the Employment Rights Bill change probation?

The Employment Rights Bill introduces day-one protection from unfair dismissal, replacing the 2-year qualifying period. A lighter-touch "initial period of employment" (expected to be around 9 months, subject to consultation) will let employers use a simplified, quicker dismissal process during that window rather than removing protection altogether.

Can probation be extended?

Yes, if the contract allows it. Employers commonly extend probation by one to three months where performance is borderline, rather than dismissing outright. You should be told in writing that probation is being extended and why.

Can you take holiday during your probationary period?

Yes. Statutory holiday entitlement (5.6 weeks pro rata) accrues from your first day regardless of probation status, though your employer can require reasonable notice before booking it and may restrict leave during an initial induction period if your contract says so.

Are you auto-enrolled into a pension during probation?

Eligibility depends on age and earnings, not probation status — you must be auto-enrolled once you meet the criteria (broadly aged 22 to State Pension age, earning above £10,000 a year). Many employers apply a postponement period of up to three months before enrolling new starters, which often overlaps with probation.

Can you resign during probation, and what notice do you owe?

Yes, you can resign at any time during probation. You typically owe whatever notice your contract specifies for the probationary period — often just one week — rather than the longer notice that applies once probation is confirmed.

Are you entitled to statutory redundancy pay during probation?

No. Statutory redundancy pay requires at least 2 years' continuous service, so employees dismissed for redundancy during probation are not entitled to it, even though a fair redundancy process should still be followed where possible.

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Disclaimer: This guide is general information, not legal advice. Employment contract terms vary, and the Employment Rights Bill provisions may change during Parliamentary passage. If you are facing dismissal during probation, consider consulting Acas or a qualified employment solicitor.