How long should a probation period be?
There is no statutory probation length. Choose a period that gives you time to assess the role, and put its duration and conditions in the written terms. Explain notice arrangements, review dates and whether an extension is possible.
Probation does not create a separate legal status or remove employment rights. It should give the new employee clear expectations, useful feedback and a fair decision.
How should you run probation reviews?
- Set expectations: agree role priorities, standards, training and a named person for support.
- Check progress: schedule conversations before the end date and record feedback and agreed actions.
- Address gaps early: use specific examples, listen to the employee and consider what support would help.
- Confirm the outcome: communicate completion, an agreed extension or the next process in writing.
Can you extend probation?
Check the contract rather than assuming you can extend it. Where an extension is permitted, or agreed with the employee, explain the reason, objectives, support and revised review date before the original period ends. Update written particulars where required.
Can you dismiss someone during probation?
Check contractual and statutory notice, investigate the concern and follow a fair process. Discrimination protections and certain automatically unfair dismissal rights can apply from day one. Consider disability-related adjustments, pregnancy, whistleblowing and any relevant complaint before deciding.
Most employees in Great Britain currently need two years’ service for an ordinary unfair dismissal claim. GOV.UK says this will reduce to six months for dismissals from 1 January 2027. Northern Ireland has separate rules. Read our unfair dismissal guide before relying on a service threshold.
A common probation mistake
Waiting until the final review to mention performance concerns leaves little opportunity to improve. Bring reviews forward, record support offered and avoid treating the end date as a deadline to dismiss.
Adept HR can help managers turn probation into a clear review process and check the next step when performance is uncertain.
Check Acas’s probation guidance and GOV.UK’s unfair dismissal eligibility rules for the underlying requirements.