A Jamie HR manager's guide

The manager's guide to probation periods

A practical guide for managers and small businesses on setting up and running probation periods: clear objectives, fair reviews, notice periods, extensions, dismissal, and preparing for the unfair dismissal changes coming in 2027.
Clear expectations
Structured reviews
2027 law changes

Probation periods are set by contract, not by law.

This guide sets out what the law requires during a probation period, what ACAS recommends as good practice, and what changes when the unfair dismissal qualifying period reduces from 1 January 2027. It covers setting objectives, running reviews, notice periods, extensions, and ending employment fairly.

What's inside
What is a probation period?3
Getting it right from day one4
Set clear objectives from the start5
Regular check-ins and reviews6
Notice periods during probation7
Extending probation8
Ending employment fairly9
Unfair dismissal: what's changing in 202710
Getting probation right11
How Jamie HR helps12

What is a probation period?

Probation is a trial period at the start of employment, not a separate legal status.
  • There is no legal minimum or maximum length for a probation period.
  • Probation length is not linked to the statutory unfair dismissal qualifying period; that period runs from the start of employment, regardless of when probation ends.
  • Probation is a contractual arrangement. Employment rights that depend on length of service apply in exactly the same way during probation as afterwards.
  • Rights that do not depend on length of service, such as protection from discrimination, apply from day one regardless of probation.
Manager tip
Consider three months for straightforward roles and six months for more senior or complex ones, allowing enough time to assess performance.

Getting it right from day one

Two legal duties fall due before or on the first day, ahead of probation itself.
  • Check the new starter's right to work in the UK before they start. This must be done before employment begins, not after.
  • Give the principal written statement of employment particulars on the first day. It is a day-one right.
  • The principal statement must include probation period details, so write the length and any review points into it from the start.
  • The wider written statement, covering areas such as pensions and disciplinary procedures, must follow within two months.
Watch out
Skipping a right to work check exposes the business to a civil penalty if the person turns out not to be entitled to work in the UK, at any stage of employment.

Set clear objectives from the start

Agree what success looks like with the new employee from the outset.
  • Agree the standards expected of the role at induction, rather than part-way through probation.
  • Put expectations in writing: performance standards, attendance, conduct, and any required training or qualifications.
  • Apply the same standards consistently across similar roles, while allowing for individual circumstances.
  • Make sure managers are equipped to communicate expectations clearly and consistently.
Manager tip
Cover objectives at induction, rather than fitting them into a brief first-day welcome talk.

Regular check-ins and reviews

ACAS guidance recommends regular, structured probation reviews.
  • Hold reviews at agreed points throughout probation, not only in a single meeting at the end.
  • Give specific, honest feedback along the way.
  • Where performance is falling short, offer support and training, and record what has been offered.
  • Keep a written note of each review, to evidence any later decision, whether that is confirmation, extension or dismissal.
Manager tip
Diarise probation review dates when someone starts, so reviews do not slip.

Notice periods during probation

Statutory minimum notice applies during probation in the same way as afterwards; contractual notice can be shorter, within limits.
  • Once someone has one month's continuous employment, the law sets a statutory minimum of one week's notice, whatever the contract says.
  • Before one month's service, the law sets no minimum notice at all. Whatever the contract says applies.
  • A contract can set a shorter notice period during probation, before moving to a longer period once probation ends.
  • A contract cannot lawfully set less than the statutory minimum once someone has a month's service, even during probation.
Watch out
A contract clause promising no notice, or less than a week's notice, during probation is unenforceable once the employee has a month's service. Check your template wording.

Extending probation

An extension may be appropriate when performance has not yet reached the required standard.
  • Consider extending when performance is not yet satisfactory but may improve with more time, support or training.
  • Confirm any extension in writing before the original probation period ends, not after it has already run out.
  • Agree the new length, review points and expectations with the employee, and update their written particulars within a month.
  • Base decisions about absence-related extensions on the evidence available, and make reasonable adjustments for disabled employees or those on family-related leave.
Manager tip
Explain the reason for the extension to the employee, alongside the new review points and dates.

Ending employment fairly

ACAS guidance treats dismissal during probation as a last resort, reached through a fair process.
  • Consider alternatives first: further support, training or an extension.
  • Follow a fair procedure and give the reasons for dismissal in writing, for example in a letter or email.
  • Give the correct notice: whichever is greater of the statutory minimum and the contractual notice period.
  • Where probation dismissals are frequent, ACAS advises reviewing the recruitment and induction process.

Unfair dismissal: what's changing in 2027

The qualifying period for unfair dismissal protection is getting shorter under the Employment Rights Act 2025.
  • Right now, an employee normally needs two years' continuous service to bring an ordinary unfair dismissal claim.
  • From 1 January 2027, that qualifying period reduces to six months.
  • This does not change protection from discrimination or automatic unfair dismissal, such as dismissal linked to pregnancy or whistleblowing. Those claims have never had a qualifying period and apply from day one regardless of probation.
  • Where a probation period is three to six months, an employee may reach the six-month qualifying threshold before or shortly after probation ends.
Watch out
From 1 January 2027, employees will gain unfair dismissal protection once they reach six months' service, rather than two years. Review your probation length and review process ahead of this change, and take advice on individual cases.

Getting probation right

A summary of the essentials covered in this guide:
  • Set a length appropriate to the role, for example three to six months, and confirm it in writing on day one.
  • Check right to work before the first day, and issue the written statement on it.
  • Agree clear objectives at the outset and hold regular, recorded reviews.
  • Apply the correct notice: one week minimum once someone has a month's service, whatever the contract says.
  • Extend in writing before the original period ends, with a clear reason and new review dates.
  • Treat dismissal as a last resort, follow a fair process, and prepare for the unfair dismissal qualifying period change in January 2027.

How Jamie HR helps

Jamie HR keeps probation objectives, reviews and decisions recorded in one place.
  • Probation tracking that flags review and end dates automatically.
  • Written statements and contracts generated and stored from day one.
  • Review notes and outcomes held against each employee, ready if a decision is ever challenged.
  • Policy library so managers can apply the same probation process across the business.
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This guide is general information, accurate to the best of our knowledge as of 2026, and is not legal advice. Employment law changes and every situation is different, so for a specific case take professional HR or legal advice. Sources: ACAS, gov.uk and the Employment Rights Act 1996 (as amended).