Probation

Also called Probationary period, Trial period

An initial period for both sides to decide whether the job works. It confers less protection than employers assume.

What it means

A probationary period is a contractual arrangement, usually three to six months, often with shorter notice and reduced benefits, at the end of which employment is confirmed or ended.

It has no special status in law. Employment rights accrue by length of service regardless of what the probation clause says.

Why it matters

Employers frequently believe probation means someone can be dismissed without process. In practice the protection comes from the two-year qualifying period for ordinary unfair dismissal, not from the probation clause — and several claims need no qualifying service at all.

Discrimination claims, whistleblowing and automatically unfair reasons apply from day one.

What it looks like in practice

Use it properly: set out what success looks like at the start, review at defined points rather than only at the end, and give the person a real chance to correct anything raised.

Confirm the outcome in writing. Probation periods that quietly lapse are common and leave everyone unclear.

Note that a statutory day-one right to request flexible working and other day-one rights apply during probation.

What to watch out for

Extending probation without a contractual right to do so.

Sick leave during probation being treated as a performance issue where a disability may be involved — that is a discrimination risk regardless of service.

Where to get proper advice

ACAS. Employment law in this area has been under active reform, so check the current position on qualifying periods rather than relying on what was true previously.