Probation periods in the UK: what they mean, and what changes in January 2027
6 minute read · 2026-10-08
A probation period is a trial period set by your contract, usually three or six months, during which your employer decides whether to keep you. It is not a legal status in itself: it mainly affects your notice period and how quickly a decision can be made. The bigger change is in the law around it. From 1 January 2027, under the Employment Rights Act 2025, the qualifying period for ordinary unfair dismissal claims in Great Britain falls from two years to six months, so the first six months of a job become the period that counts.
Our guide to the first week and passing probation covers the day to day habits. This post is about the rules.
What your contract should say
Your written statement of particulars, which you are entitled to from day one, must say whether there is a probation period, how long it is and its conditions. Look for:
- the length, and whether it can be extended;
- the notice either side during probation;
- whether sick pay or other benefits start only after probation;
- how and when your performance will be reviewed.
Notice during probation
Your contract can set a short notice period during probation, but it cannot go below the legal minimum: once you have worked for a month, your employer must give you at least one week's notice (or pay in lieu). In your first month there is no statutory minimum, so check what the contract says. You can see the full rules in how much notice you have to give.
Your rights from day one, probation or not
- The minimum wage, paid holiday (it builds up from day one), rest breaks and a payslip.
- Statutory sick pay from the first day of sickness (since 6 April 2026), if you are an employee.
- Protection from discrimination under the Equality Act 2010.
- Protection from dismissal for "automatically unfair" reasons, such as whistleblowing, pregnancy, asserting a statutory right like the minimum wage, or raising a health and safety concern. These need no qualifying service.
Unfair dismissal: two years now, six months from 2027
Today, most employees need two years' service before they can claim ordinary unfair dismissal. The ACAS summary of the Employment Rights Act 2025 confirms the change: for dismissals on or after 1 January 2027 the qualifying period becomes six months, and the cap on the compensatory award is removed. In practice that means:
- Employers are likely to manage probation more formally, with reviews and notes, because a dismissal after six months will need a fair reason and a fair process.
- Expect more six month probation periods, and more decisions made shortly before the six month mark.
- Tribunal time limits are now longer too: since 1 October 2026 most claims can be brought within six months rather than three.
These changes apply in England, Scotland and Wales. Northern Ireland has its own employment law and still requires one year's service for unfair dismissal claims.
If your probation is extended
Many contracts allow an extension, often of a month to three months. If yours does, ask for:
- the specific things you need to improve, in writing;
- what "good" looks like, with an example;
- a date for a mid point check, not just the end.
An extension is not a fail. It usually means the manager wants to keep you but is not yet sure, and it is a chance to fix the one or two things they have named.
If you fail probation
You should be told why and given the notice in your contract (or the statutory minimum, whichever is more), plus pay for holiday you have built up and not taken. Ask for the reasons in writing; it helps you improve and it helps if the reason turns out to be unlawful. Ask too what the reference will say. If you think the real reason is discrimination or one of the automatically unfair reasons, contact ACAS straight away: early conciliation must start before most tribunal claims.
How to get through probation well
- Ask for reviews early. Ten minutes at week two, week six and halfway. "Is there anything you want me to do differently?"
- Keep a simple log of what you were trained on and when, your hours, and any praise or complaints. It costs a minute a day and protects you.
- Attendance matters most. In shift work, lateness and short notice absence end more probations than anything else. If you are ill, follow the reporting rules to the letter.
- Raise problems early. If you were not trained on something, say so before it goes wrong.
What to do next
- Find the probation clause in your written statement and diary its end date.
- Book your first review now.
- Start your one line a day log.
This is general information, not legal advice. For your own situation, ACAS (0300 123 1100) is free.
Found it useful? Press the button, or send it to somebody it would help.
