Probation Period: What to Check Before You Sign

What a probation period is in the UK

A probation period is an initial stretch of a job in which the employer assesses how you are doing and you see whether the role suits you. There is "no legal requirement to have a probation period", and it can be any length, according to Acas, the public body that advises on workplace rules^[1]. So the clause in your contract is what counts: how long it lasts, what the notice is, and whether it can be extended.

Probation is also not a separate legal status. As an employee you have your employment rights from the first day, and the clause only sets how the employer reviews your work^[1].

Rights you keep from day one

Acas lists the "day one" rights that apply during probation: the minimum wage, paid holiday, protection against discrimination, whistleblowing protection and the right to join a trade union^[1]. You are also entitled to sick pay, as long as you follow the employer's sickness procedure^[1].

One difference is worth knowing. An employer can delay automatic pension enrolment by up to three months, although it must enrol you if you ask^[1].

Notice during probation

You can resign during probation, but you must give the correct notice: either the statutory minimum or the period written in your contract or written statement^[1]. A legal practice that advises employers adds that statutory minimum notice applies once an employee has a month's service, and that a shorter contractual notice during probation is common^[2]. Check the figure in your offer, because it applies to you as much as to the employer.

Dismissal during probation: what is changing

Until now, ordinary unfair dismissal protection has generally required two years' service, which is why probation has felt so exposed^[2]. That is changing. From 1 January 2027, unfair dismissal protection applies after six months in a job, and employees who already have six months' service on that date will be protected^[1]. We explain the new rule and what it means for a new starter in our article on unfair dismissal after six months.

Until then, dismissal can still be challenged in some situations, such as discrimination, or a failure to give the notice you are owed^[2]. If you are dismissed, ask for the reasons in writing and keep your payslips and messages.

What to check before you sign

1. Is there a probation clause at all? If it is not in the contract or written statement, you cannot rely on it being there.
2. How long is it, and can it be extended? Ask whether an extension needs your written agreement and a stated reason.
3. What notice applies during probation, and afterwards? Compare both figures.
4. How will you be assessed? Ask what a good first three months looks like. A role with no clear targets is harder to pass.
5. When do benefits start? Pension, private health cover and the like sometimes begin only after probation.
6. Does the offer match what was said at interview? Pay, hours and job title should be the same on paper.

If probation ends early

Being let go during probation is hard, but it is not the end of your search. Contact the recruiters you had politely closed a process with, update your CV with what you learned, and go back to your job search plan. Keep a record of what happened: dates, who told you, what reason was given. It helps if you need to challenge the decision or explain it in a later interview, where a short, factual answer is best.

Frequently asked questions

Sources

1. ↑ a b c d e f g Acas: probation periods acas.org.uk
2. ↑ a b c Sprintlaw: probation periods in Britain, rules, rights and practical tips sprintlaw.co.uk