What is the legal maximum length for a probation period in the UK?

There is no strict statutory maximum length for a probation period in UK law. However, it must be 'reasonable'. Typical periods are 3 to 6 months. A probation period longer than 12 months for a standard role could be considered unreasonable in an employment tribunal, though senior roles may sometimes warrant longer periods.

Can my employer extend my probation period?

Yes, an employer can extend your probation period, provided your contract allows for it or you agree to the extension. This is usually done if they need more time to assess your performance. Best practice dictates they should inform you in writing before the initial period expires, outlining the reasons and the new end date.

Do I have unfair dismissal rights during probation?

Generally, no. Employees usually need two years of continuous service to claim ordinary unfair dismissal. However, you are protected from 'automatically unfair' dismissal from day one, which covers dismissal due to discrimination (age, sex, race, etc.), whistleblowing, or asserting statutory rights like minimum wage or health and safety.

What notice period am I entitled to during probation?

If you have been employed for less than one month, you have no statutory right to notice unless your contract says otherwise. After one month, the statutory minimum notice is one week. Your contract may specify a longer notice period, which would override the statutory minimum.

Am I entitled to holiday pay during probation?

Yes, statutory holiday entitlement begins to accrue from your very first day of employment. You have the same rights to accrue leave as a permanent employee. However, employers can control when you take this leave, and some may limit how much you can actually take (as opposed to accrue) during the probationary months.

Can I resign immediately during probation?

You must check your employment contract. While notice periods are often shorter during probation (commonly one week), you are legally bound to work whatever notice period is stated in your contract. If no notice is stated and you've worked less than a month, you might be able to leave immediately, but after a month, the statutory one-week minimum applies.

What happens if I am off sick during my probation?

You are entitled to Statutory Sick Pay (SSP) if you meet the eligibility criteria (earning above the lower earnings limit), regardless of being on probation. However, contractual sick pay (above SSP) is often discretionary or not available during the probationary period. High sickness absence can sometimes lead to a probation extension or failure.

Probation Period Guide UK

By Mustafa Bilgic | Published: January 1, 2025 | Updated: February 20, 2026

Starting a new job is an exciting milestone, but for most employees in the UK, the first few months come with a caveat: the probation period. It acts as a trial run for both the employer and the employee, ensuring that the role is a good fit before a permanent commitment is cemented.

As we move through 2026, employment laws continue to evolve. Understanding your rights during this precarious period is essential. This comprehensive guide covers everything from statutory notice periods and unfair dismissal rights to the nuances of probation extensions and the new employment rights introduced in April 2024 that remain crucial today.

What is a Probation Period?
Typical Duration & Limits
Your Statutory Rights During Probation
Notice Periods: Leaving or Being Dismissed
Notice Period Calculator
Can My Employer Extend Probation?
Dismissal & Failing Probation
New Statutory Rights (2024-2026)
Frequently Asked Questions

What is a Probation Period?

A probation period is a contractual trial phase at the beginning of employment. It allows an employer to assess your suitability for the role in terms of skills, performance, attendance, and general conduct. Conversely, it provides you, the employee, the opportunity to determine if the company culture and the role itself align with your career goals.

While "probation" is a standard term in contracts, it does not have a separate definition in statutory employment law. You are legally an employee from day one, but your contract may withhold certain contractual benefits (like private healthcare or enhanced pension contributions) until the probationary period is successfully passed.

Typical Duration & Limits

There is no specific law in the UK that dictates the exact length of a probation period. However, it must be "reasonable."

Standard Roles: typically 3 months.
Professional/Mid-level Roles: typically 6 months.
Senior/Executive Roles: can be up to 12 months, though this is rare.

A probation period that lasts longer than a year for a standard role could potentially be challenged as unreasonable, especially if it is used to deny benefits or job security.

Your Statutory Rights During Probation

A common misconception is that employees have "no rights" during probation. This is false. From your first day of employment, you are entitled to:

National Minimum Wage (NMW): You must be paid at least the statutory minimum for your age bracket.
Itemised Payslips: A legal requirement for every pay period.
Statutory Sick Pay (SSP): Assuming you earn above the Lower Earnings Limit (£123 per week as of typical 2025/26 rates).
Holiday Pay: You accrue statutory annual leave from day one.
Rest Breaks: Compliance with the Working Time Regulations (48-hour week cap, unless opted out).
Protection from Discrimination: Under the Equality Act 2010, you are protected against discrimination based on age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion, sex, or sexual orientation.

Note on Benefits: While statutory rights are guaranteed, contractual benefits such as company cars, private medical insurance, or enhanced redundancy pay are often reserved for employees who have passed probation.

Notice Periods: Leaving or Being Dismissed

Notice periods during probation are typically shorter than for permanent staff, designed to allow flexibility for both parties if things aren't working out.

Statutory Minimum Notice

Less than 1 month service: No statutory notice required (unless contract states otherwise).
1 month to 2 years service: 1 week statutory minimum notice.

Contractual Notice

Most contracts will specify a notice period during probation. Common terms are:

During Probation: 1 week notice (from either side).
After Probation: 1 to 3 months notice.

If your contract is silent on notice during probation but you have worked for more than a month, the statutory 1-week minimum applies.

Notice Period Calculator

Unsure how much notice you need to give or receive? Use our simple tool.

Can My Employer Extend Probation?

Yes, employers generally have the right to extend a probation period. However, they should act reasonably.

When is an extension valid?

Contractual Right: Your contract should explicitly state that the employer reserves the right to extend probation.
Communication: The employer should inform you before the initial period ends. If the date passes without comment, you may have arguably passed by default (implied passing), though this is a complex legal area.
Reasons: You should be given reasons for the extension (e.g., performance concerns, high sickness absence) and clear targets to meet during the extension.

Extensions typically last for an additional 1 to 3 months. An indefinite extension is rarely considered reasonable.

Dismissal & Failing Probation

The reality of the UK employment law landscape is that dismissing an employee during probation is relatively straightforward for an employer, primarily due to the Two-Year Rule.

The Two-Year Rule

Employees generally need two full years of continuous service to claim "ordinary" unfair dismissal. This means an employer can dismiss you during probation (or any time before 2 years) without following a lengthy disciplinary process, provided they don't violate your contract or discriminate against you.

Automatically Unfair Dismissal

Even during probation, you cannot be dismissed for:

Whistleblowing.
Pregnancy or maternity leave.
Joining a trade union.
Asserting statutory rights (e.g., asking for minimum wage).
Discrimination based on protected characteristics.

If you are dismissed for any of these reasons, you can claim unfair dismissal from day one.

New Statutory Rights (2024-2026 Context)

Significant changes were introduced in April 2024 which continue to shape rights in 2026. These apply from day one of employment, meaning they are active during your probation:

Flexible Working Requests: You have the right to request flexible working from day one. You can make two requests in any 12-month period. Employers must consult with you before rejecting a request and must respond within two months.
Carer's Leave: Employees have a day-one right to one week of unpaid leave per year to care for a dependent with long-term care needs.
Paternity Leave: Changes allow fathers/partners to take their statutory leave in two separate blocks within the first year, providing more flexibility during the early months of a new job if a child is born.
Protection from Redundancy (Pregnancy): Enhanced protections extend to pregnant employees and those returning from family leave, applicable even during probation periods.

Tips for Surviving Probation

Passing probation is about demonstrating value and fit. Here are actionable tips:

Clarify Expectations: In your first week, ask your manager for specific KPIs or success metrics.
Request Feedback: Don't wait for the 3-month review. Ask for informal feedback monthly.
Document Achievements: Keep a log of your work, projects completed, and training undertaken.
Understand the Culture: Soft skills and cultural fit are often as important as technical ability during probation.
Attendance: Try to minimise absence. While genuine sickness is unavoidable, reliability is a key metric during this phase.

Frequently Asked Questions

1. Does my employer have to give me a letter if I pass probation?

While good practice, it is not a legal requirement. If your probation end date passes and you continue to work, you are generally considered to have passed by default, and your employment continues under the standard contract terms.

2. Can I appeal a failed probation dismissal?

You can ask, but unless your contract allows for an appeal process for probationary dismissal, there is no statutory right to appeal (unlike standard disciplinary dismissals for long-serving employees).

3. What happens if I'm pregnant during probation?

You are protected against discrimination. Your employer cannot dismiss you because of your pregnancy or pregnancy-related illness. Doing so would be automatic unfair dismissal.

4. Does probation count towards my continuous service?

Yes. Your continuous service date starts on your very first day of work, not the day you pass probation. This is crucial for calculating future redundancy pay and unfair dismissal rights.

5. Can they extend probation more than once?

It is possible, but risky for the employer. Constant extensions without clear justification could breach the implied term of trust and confidence. Usually, one extension is the norm.

6. Do I get paid for the notice period if let go?

Yes, you should be paid your normal salary during your notice period. If your employer asks you not to work (Garden Leave) or pays you in lieu of notice (PILON), you still get paid.

7. Is a verbal probation extension valid?

Verbal agreements can be binding but are hard to prove. Always ask for confirmation in writing (email is fine) to ensure you know where you stand regarding your employment status.

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