How should probation periods work?
There is no legal requirement to have a probation period, and it can be any length. Acas recommends clear written expectations, regular reviews, support to improve, extension where appropriate, and a fair procedure before any dismissal. Day-one rights such as protection from discrimination apply throughout, and the unfair dismissal qualifying period is expected to fall to 6 months from 1 January 2027.
Setting up probation
Acas says employers must set out the terms of probation in the written statement of employment particulars or the contract, and should explain expectations for passing, such as targets, attendance and mandatory training. A probation policy, trained managers and regular structured reviews help keep decisions consistent and reduce the risk of discrimination.
Extending probation
Acas says an extension must be confirmed before the original period ends, otherwise it could be a breach of contract, and the written statement updated within one month. Employers should agree the length, review points and possible outcomes. Absence, including family-related leave or disability-related absence, needs careful handling to avoid discrimination.
If probation is not passed
Acas describes dismissal as a last resort, after performance support or an extension. Employers should follow a fair procedure, give reasons in writing and give the correct statutory or contractual notice. Employees have a right to be accompanied at meetings that could result in dismissal or a formal warning.
The Employment Rights Act 2025
Acas states that the Act does not change probation itself. From 1 January 2027, unfair dismissal protection is expected to apply after 6 months' service; anyone with at least 6 months' service on that date will be protected. Acas cautions that ending probation before 6 months does not avoid legal risks such as discrimination, whistleblowing or breach of contract claims, and that 6 months may be too short for some roles.
The law
“continuously employed for a period of not less than two years ending with the effective date of termination…”
Sources
- What probation is - Probation periods · Acas
- Following a fair process - Probation periods · Acas
- Extension - Probation periods · Acas
- Dismissal - Probation periods · Acas
- Plan to Make Work Pay and Employment Rights Act: timeline update · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- Unfair dismissal qualifying period expected to reduce from 2 years to 6 months for dismissals from this date (subject to Parliament)
Future dates are expected dates and depend on Parliament.
What employers can do
- State probation terms in the written statement or contract
- Set clear, role-specific expectations from day one
- Hold and record regular probation reviews
- Make reasonable adjustments for disabled employees
- Confirm any extension in writing before the original period ends
- Confirm successful completion and any changed terms in writing
Recent tribunal decisions on this topic
Tribunal tracker- Parravox Ltd (In Voluntary Liquidation) Breach of contractTransfer of undertakingsUnfair dismissal Read the decision on GOV.UK
- K.T.C (Edibles) Ltd Public interest disclosureRace discriminationUnfair dismissal Read the decision on GOV.UK
- Kerry Ingredients (UK) Ltd Race discriminationUnfair dismissal Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- When does the unfair dismissal qualifying period change to six months? The qualifying period for ordinary unfair dismissal claims falls from two years to six months on 1 January 2027. The new rule applies wherever the effective date of termination is on or after 1 January 2027, even if notice was given earlier. The cap on unfair dismissal compensatory awards is removed from the same date.
- How should a performance improvement plan work? There is no statutory definition of a performance improvement plan (PIP). Acas guidance says that, if informal steps do not work, a PIP should set specific objectives, a reasonable timeline and any support or training needed, be discussed with the employee and confirmed in writing, and make clear what happens if performance does not improve.