What probation is
A probation period is a time at the start of employment to check if someone is suitable for a job.
It's a chance for:
- employers to assess an employee's performance, skills and fit with the organisation
- employees to check if the role and the organisation are right for them
There's no legal requirement to have a probation period. And they can be any length of time.
Probation periods are usually for people with the legal status of employee.
Someone is not likely to be an employee if they're:
- an agency worker
- a casual worker
- on a zero-hours contract
An employer might choose to have probations for those with the legal status of worker. They should follow fair processes for everyone.
Benefits of probation periods
Probation periods can help:
- employees to settle into their new role
- set expectations for performance
- identify an employee's training needs
- give an employee the support they need to do their job well
Legal rights during probation
'Day one' employment rights apply during probation periods. These are rights that apply as soon as someone starts a job. For example:
- minimum wage
- paid holiday
- protection against discrimination
- protection against detriment for whistleblowing
- the right to join a trade union
If someone's not sure about what rights they have, they can:
- check their contract or written statement of employment particulars
- check any relevant policies their employer has
- speak to their employer
Pensions
During probation, an employee might not be automatically enrolled on a workplace pension scheme. This is because an employer can delay enrolment for up to 3 months.
However, an employer must enrol an employee if they ask them to.
Find out more about workplace pensions
Resigning during probation
An employee can resign if they want to during their probation period.
They must give their employer the correct notice. This is either:
- the minimum statutory notice period
- the notice period set out in their contract or written statement
Find out more about resignation and notice periods
Sickness during probation
Employees can take time off sick during their probation period. They should follow their employer's usual process for this.
Employees are entitled to sick pay during their probation period.
Employment Rights Act 2025
The Employment Rights Act 2025 introduces employment law changes in 2026 and 2027.
The Act does not affect probation periods. There is still no legal requirement to have one, and they can be any length.
From 1 January 2027, protection from unfair dismissal will become a right after 6 months of being in a job. Before 1 January 2027, someone must have worked for their employer for 2 years before claiming unfair dismissal.
Employers might want probation periods to end before someone gets protection from unfair dismissal. However, this does not avoid legal risks.
Other employment protections apply during probation. For example:
- discrimination
- whistleblowing
- breach of contract
Employers can still dismiss employees fairly after 6 months of employment.
Probation periods should also be tailored to the job. Probations of 6 months or less might not be appropriate for all roles. For example, technical or specialist roles might need longer for training and assessments.
Employers should focus on having a fair and effective probation process.