Why this matters right now
Post-2024 tribunal statistics show a 14 per cent rise in probation-related unfair dismissal claims, driven by the Employment Rights Bill 2024 proposals to remove the two-year qualifying period for unfair dismissal. Employers are tightening probation processes; employees are challenging outcomes more readily. The rules below are the ones tribunals apply today.
What probation means legally
Probation is a contractual review period at the start of employment, typically 3-6 months. It is NOT a separate legal status - the employee is a full employee from day one with almost all statutory rights. The exceptions:
- Unfair dismissal protection requires 2 years continuous service (six months where the effective date of termination is on or after 1 January 2027) (automatic-unfair categories excluded).
- Statutory redundancy pay requires 2 years continuous service.
- Longer statutory notice periods apply with tenure - probation employees only get 1 week statutory notice.
All other statutory rights - minimum wage, working time, discrimination protection, whistleblowing, statutory sick pay, statutory maternity pay - apply from day one.
Notice during probation
| Direction | Statutory floor | Contractual (typical) |
|---|---|---|
| Employee to employer | 1 week (from 1 month of service) | 1 week to 1 month |
| Employer to employee | 1 week (from 1 month of service) | 1 week to 1 month |
The longer of statutory and contractual applies.
Dismissal during probation
Dismissal during probation is procedurally simpler because ordinary unfair dismissal protection needs 2 years service. But the employer still cannot dismiss for automatically-unfair reasons (pregnancy, whistleblowing, discrimination). See dismissed during probation.
The requirement falls to six months where employment ends on or after 1 January 2027, so a probation that runs past six months matters more than it used to. The unfair dismissal qualifying period calculator checks your dates, including the extra week added when notice is not given.
Extensions
Probation can be extended if the contract permits and both sides agree, or if the contract gives the employer a unilateral right. Typical extension: 1-3 months. See probation period extensions.
Probation reviews
- 1-month review - induction feedback, early objectives.
- Mid-probation review - progress and support.
- End-of-probation review - confirmation, extension or dismissal.
Confirmation
Confirmation is usually automatic on the probation end date unless the employer has raised concerns in writing. Once confirmed, substantive notice period, full contractual benefits and enhanced sick pay usually apply.
Resigning during probation
Give the contractual notice in writing, complete outstanding work, return company property. See resigning during probation period.
Interaction with other rights
SMP, SSP, statutory holiday, discrimination protection and whistleblowing all apply from day one during probation - probation does not suspend these rights.
Appeals
Probation dismissal appeal is a contractual right, not statutory. Most contracts require a written notice of appeal within 5-10 working days. See can I appeal a probation dismissal.
Illustrative example: probation extension challenge
Hypothetical scenario showing how the rules usually apply. It is not a report of a real case.
A nurse’s probation is extended twice without written objectives, and she is then dismissed. She has too little service to claim ordinary unfair dismissal, but the open-ended extensions make it hard for the employer to show what standard she failed to meet, which matters if she has another claim. If she had raised concerns about unsafe staffing levels and that was the real reason for the dismissal, she could claim automatically unfair dismissal for whistleblowing under section 103A of the Employment Rights Act 1996, which needs no qualifying period. The lesson: probation extensions need concrete, measurable objectives; without them, the process weakens the employer’s position rather than strengthening it.
Useful calculators
- Probation end date calculator
- Notice period calculator
- Final working day calculator
- PILON calculator
- Holiday entitlement calculator
Related guides
- Failed probation - what next
- Probation period notice period
- Dismissed during probation
- Can I appeal a probation dismissal
- Probation review meeting
- Probation period extensions
Authority pages
Frequently asked questions
- How long is a probation period in the UK?
- Typically 3-6 months. Junior roles often 3 months; professional and specialist roles 6 months; some senior roles 12 months. UK law does not set a maximum but probation should be proportionate to the role.
- Can I be dismissed during probation without notice?
- Only if the contract permits, and only in the first month of service. Statutory 1 week notice applies from month 1. Instant dismissal is only lawful for gross misconduct.
- Do I have rights during probation?
- Yes, most statutory rights apply from day one: minimum wage, working time, discrimination protection, whistleblowing, SSP, SMP. Ordinary unfair dismissal protection needs 2 years service (six months where the effective date of termination is on or after 1 January 2027). Automatic-unfair categories protect from day one.
- Can probation be extended?
- Yes if the contract permits and both sides agree. Typical extensions are 1-3 months. Extensions should be in writing with a clear new end date and specific objectives.
- What happens on the last day of probation?
- Usually automatic confirmation unless the employer has raised concerns in writing. Substantive notice period kicks in and full contractual benefits typically start.
Sources and further reading
- Employment Rights Act 1996, section 86 — Statutory minimum notice.
- ACAS — Free, impartial UK employment advice.
- ACAS: Probation periods — Guidance on probation procedures.
- GOV.UK: Dismissal — Government guidance.
- Equality Act 2010 — Discrimination protection during probation.
General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.