Posted on 10th August 2026Articles
Probation periods have been a standard part of employment contracts for decades. They give employers an opportunity to assess a new employee’s performance, skills and suitability for the role, while giving employees the chance to decide whether the organisation is right for them.
But with changes to unfair dismissal rights coming into force in 2027, many employers are asking whether probation periods need to change too.
The Employment Rights Act 2025, does not include a staturoty probation period or dictate how long a probation period should last. However, the changes to unfair dismissal rights mean employers should take a closer look at how they probation process works in practice.
Here’s what employers need to know.
A probation period is an agreed period at the beginning of employment where both the employer and employee assess whether the role is the right fit.
While there is no legal requirement for employers to include a probation period in an employment contract, they remain a valuable tool for managing new starters effectively.
During a probation period, employers can assess:
At the same time, employees have the opportunity to decide whether the role, company culture and expectations match what they are looking for.
Most probation periods last between three and six months, although some specialist or senior positions may require longer.
The important thing is that the length of a probation period should reflect the role and give both parties enough time to make a meaningful assessment.
A successful probation period isn’t about trying to catch employees out. It’s about giving people every opportunity to succeed.
When managed well, probation periods create clear expectations from day one and encourage regular communication between managers and employees.
Some of the key benefits include:
Regular review meetings throughout the probation period are often far more effective than waiting until the final week to discuss performance.
The Employment Rights Act 2025 introduces a number of significant employment law reforms that will take effect throughout 2026 and 2027.
Importantly, the legislation does not introduce a legal requirement to have probation periods, nor does it prescribe how long they should last.
However, one of the biggest changes for employers is the planned reform to unfair dismissal rights.
From 1 January 2027, the qualifying period for ordinary unfair dismissal will reduce from two years to six months for employees in England, Scotland and Wales.
The Government’s current implementation plans mean employees who already have at least six months’ continuous service on 1 January 2027 will gain protection immediately. Other employees will generally gain protection once they reach six months’ service.
This is why probation periods are suddenly receiving more attention.
For employers who currently use a six-month probation period, the end of probation and the point at which an employee gains ordinary unfair dismissal are what matter.
A probation period should never be a “wait and see” exercise.
The best probation processes include regular conversations, achievable objectives and ongoing support.
Employers should consider:
Good documentation can be invaluable should any decisions later be challenged.
One of the biggest misconceptions surrounding probation periods is that employees have very few legal rights during this time.
In reality, many important employment rights apply from the first day of employment.
These include:
Employees should always refer to their employment contract and company policies to understand any additional contractual rights during their probation period.
It may seem logical to shorten probation periods so they finish before an employee reaches six months’ service.
However, this isn’t necessarily the best approach.
Simply ending a probation periods earlier does not remove an employer’s legal obligations.
Employees continue to have important protections during probation, including protection against discrimination and automatically unfair dismissal. Contractual and other legal obligations can also apply.
The government itself advises employers using contractual probation periods to consider how their probation arrangements will operate alongside the new six-month qualifying period.
Employers therefore shouldn’t make decisions based solely on trying to “beat” the six-month deadline.
Instead, consider whether your current probation periods gives you enough time to:
For some roles, particularly technical, regulated or specialist positions, a probation period of six months or longer may still be entirely appropriate.
They key is having a fair, structured and well-managed process, rather than simply choosing a shorter probation period.
If an employee isn’t meeting expectations, employers should avoid waiting until the final probation meeting to raise concerns.
Instead, concerns should be addresses as soon as they come apparent.
A good process might involve:
Depending on the circumstances and the employer’s policies, this could include extending the probation period, confirming employment with additional support, or ending employment.
Employers should take appropriate advice before dismissing an employee, particularly where there could be discrimination, whistleblowing, health and safety or another automatically unfair dismissal issue.
In many cases, an employer can extend a probation period if the contract or relevant policy allows for this.
For example, an employer may need more time to assess an employee because they have been absent, have not yet completed necessary training or have not had sufficient opportunity to demonstrate their skills. However, employers should not use extensions simply to avoid making a decision.
If a probation period is being extended, the employee should be told:
Any contractual requirements around extending probation should also be followed.
Whether your probation periods last three, six or nine months, having a structured process will help support employees and reduce unnecessary risk.
Employers should consider reviewing:
It’s also worth ensuring managers understand how to have constructive conversations, give effective feedback, and identify issues early. A strong probation process should make it easier for managers to have honest conversations before small concerns become bigger problems.
Before a new employee starts, make sure you have:
During the probation period:
Before the probation period ends:
Probation periods aren’t simply a contractual box to tick.
Used properly, they give employers and employees a structured opportunity to establish expectations, build relationships, identify development needs and address concerns early.
The Employment Rights Act 2025 doesn’t mean every employer needs to shorten their probation periods. Instead, the upcoming changes provide a good reason to review whether your current process is actually working.
Ask yourself:
With unfair dismissal protection changing from January 2027, getting the process right is likely to be far more important than simply getting the length of the probation period right.
With unfair dismissal protection changing from January 2027, now is a good time to review how your business manages probation periods. From contracts and review processes to manager guidance and performance concerns, small changes now could help reduce risk later.
Our HR experts can help you review your current probation process and make sure it works for both your people and your business.
No. There is no general legal requirement for an employer to have a probation period. If an employer chooses to use one, the arrangements should be clearly set out in the employment contract.
There is no statutory length for a probation period. Many employers use three or six months, but the appropriate length will depend on the role, level of responsibility and time needed to properly assess performance.
No. The Employment Rights Act 2025 does not introduce a mandatory probation period or set a statutory length for probation periods.
Yes. Many employment rights apply from the first day of employment, including protection against discrimination and certain automatically unfair reasons for dismissal.
No. Employers do not have to end probation before an employee reaches six months’ service.
From 1 January 2027, ordinary unfair dismissal protection will generally apply once an employee reaches six months’ qualifying service. The length of the contractual probation period does not determine whether an employee has this protection.
Yes. There is no statutory maximum probation period. Some roles may reasonably require longer periods to assess competency, training and performance.
However, employers should make sure the length of probation is appropriate for the role and that the process remains fair and properly managed.
An employer can potentially dismiss an employee during probation, but being on probation does not mean an employer can ignore employment law.
The reason for dismissal, the employee’s length of service, their contractual terms and any relevant policies should all be considered.
From 1 January 2027, the reduction in the ordinary unfair dismissal qualifying period to six months will make robust probation and performance management processes even more important.
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