A probation period is a set period at the start of employment that allows employers to evaluate an employee’s performance, conduct, and overall fit for the role. At the same time, it gives employees an opportunity to determine if the job and company meet their expectations.

How Long Should a Probation Period Last?

Typically, probation periods last between three and six months, but there’s no one-size-fits-all approach. The length should reflect the complexity of the role:

• Entry-level roles often require shorter probation periods (e.g., three months).

• Highly skilled or senior roles may need a longer assessment period (e.g., six months or more).

• Some businesses opt for an initial three-month probation with an option to extend if further evaluation is needed.

• While there’s no legal requirement to have a probation period, they are widely used as a practical tool to manage new hires.

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Why Use Probation Periods?

Probation periods are beneficial for both employers and employees. Here’s how they help both sides:

For Employers:

• Reduces Hiring Risks – Helps assess whether the employee is suitable for the role before making a long-term commitment.

• Monitors Performance – Gives employers time to evaluate an employee’s skills, attitude, and ability to work with the team.

• Ensures Cultural Fit – Provides a chance to see if the employee aligns with company values and workplace expectations.

• Simplifies Dismissals – If the employee isn’t the right fit, parting ways is usually easier during probation.

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For Employees:

• Job Fit Assessment – Employees can determine whether the job and company align with their career goals and values.

• Opportunity for Growth – Regular reviews during probation provide feedback and support for professional development.

• Flexibility – If the job isn’t the right fit, employees can move on more easily, as probationary notice periods are often shorter.

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Best Practices for Managing Probation Periods

To make probation periods effective and fair, it’s important to follow best practices that ensure a structured and supportive process.

1. Set Clear Expectations

Include the terms of probation in the employment contract. This should cover:

• Duration of the probation period

• Key performance expectations

• Notice periods during probation

• Possibility of extension (if applicable)

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2. Hold Regular Check-Ins

Don’t wait until the end of probation to assess an employee’s performance! Schedule regular one-to-one meetings to:

• Provide feedback on their progress

• Address any concerns early

• Offer support and training

• Allow employees to raise questions or concerns

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3. Provide Support & Training

It’s unrealistic to expect a new employee to perform perfectly from day one. Give them the tools, training, and mentorship they need to succeed. An unsupported employee is unlikely to meet expectations, which could lead to unnecessary dismissals.

4. Keep Detailed Records

Document all probation-related discussions, including feedback, concerns, and performance improvements. This ensures transparency and helps justify decisions if needed.

5. Develop a Probation Policy

Having a consistent policy ensures managers and employees understand the process. A well-defined policy should outline:

• The purpose and structure of probation periods
• Expectations for both employees and managers
• The process for extending or failing probation

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Legal Considerations for Probation Periods

Although there are no specific laws governing probation periods in the UK, employees still have statutory rights from day one, including:

• National Minimum Wage

• Holiday Entitlement

• Extending a Probation Period

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If an employee has potential but hasn’t fully met expectations, you may consider extending their probation. When doing so:

• Clearly explain why the extension is needed.

• Outline what improvements are required.

• Specify the new timeframe (e.g., another three months).

• Provide additional support to help them succeed.

• Confirm the extension in writing to avoid misunderstandings.

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Dismissals During Probation

If you need to dismiss an employee during probation, you must still follow a fair process. If an employee believes they were dismissed due to discrimination, they could take legal action—even if they don’t yet have two years’ service.ÂThat being said, dismissal during probation is usually the simplest way to dismiss an employee so long as the process has been followed.

What Happens After the Probation Period?

• If the employee passes probation – Issue a formal confirmation letter and welcome them as a permanent team member.
• If the employee fails probation – Provide clear reasons for termination and follow proper dismissal procedures.
• If probation is extended – Clearly communicate expectations and give the employee time to improve.

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Upcoming Changes to Probation Periods

The Employment Rights Bill 2024 is set to introduce a statutory probation period, known as an “initial period of employment.”

What’s Changing?

• Minimum probation period: 3 months
• Maximum probation period: 9 months

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Purpose: To allow proper assessment of new employees while ensuring they have rights from day one.

At the time of writing, this change is still under consultation.ÂWe will provide updates as soon as final guidance is published.

Final Thoughts: Making Probation Periods Work for You

A well-managed probation period is not just a formality—it’s a key part of setting new employees up for success. By communicating clearly, providing support, and following a fair process, employers can build stronger, more engaged teams.

If you need HR advice on handling probation periods, or want help developing a probation policy, feel free to get in touch!