This section explains the purpose of probationary periods. It outlines why employers use them, typical duration, how terms should be communicated, rules around extensions, and considerations for dismissal during or after probation.
There is no legal requirement in the UK to have a probation period for employees who are joining new employment.
The purpose of a probationary period should be to assess the suitability of the job holder in terms of job performance, capability, skills and general conduct against the standards required in the job role.
These standards are usually written down in a job description and/or person specification.
Length of probationary period
The length of a probationary period is likely to depend on the nature of the job and how long it will take the employer to assess performance for the purposes of confirming continued employment.
It is not unusual to see probationary periods of three or six months.
Written confirmation/conditions
The employer should set out in writing to the employee, for example in the job offer letter, that the position is subject to satisfactory completion of a probationary period.
The employer should also specify the length of the probationary period in the contract of employment before the employee begins work.
Employers should also spell out that the probationary period may be extended and clarify the position around contractual benefits in the event of an extension.
Extension of probationary periods
An employer will need to take particular care if it wants to extend a probationary period because it needs more time to assess the employee's performance due to the employee's:
- absence from work or poor performance due to pregnancy-related sickness;
- family-related leave commencing prior to the probationary period coming to an end; or
- absence from work due to disability-related sickness.
Where considered necessary, and only if the employer has a contractual right to extend the probationary period, the employer can notify the employee that their probation is being extended before the original probationary period expires.
In doing so, the employer should advise the employee of the following:
- The reasons why the employer is unable to confirm the employee in post. The employee needs to be able to understand what aspects of their performance or behaviour are letting them down and, as a result, what they must do to prove themselves in the further period of probation.
- Any particular improvement that is expected of the employee and any identifiable goals they need to achieve (and by when).
- The date on which the employee's probation will now end. If the employer wishes to fix progress meetings during this additional period, the employee should be given the dates on which they will take place. The process of giving feedback should be maintained throughout the additional probationary period.
Dismissal during or at the end of a probationary period
An employer may choose to dismiss an employee for failing to complete the probationary period satisfactorily or dismiss them before the probationary period ends.
For example, the employee may fail to reach the required standard with training and support, the employer may decide that the employee is unsuitable for the role, or it may decide to dismiss for misconduct.
The fairness of the dismissal might be challenged, although in most cases the employee on probation will have insufficient service to bring a claim for ordinary unfair dismissal.
To bring a successful unfair dismissal claim, the employee would need to be able to demonstrate that the dismissal was for an automatically unfair reason.
Download the information on this page here: Probationary Periods