A Practical Guide for Employers
At Wright People HR, we’re often asked about the best way to manage the probationary period for employment. It’s a critical stage in any new hire’s journey and, when handled correctly, sets the tone for a positive, productive working relationship.
Whether you’re onboarding your first employee or revisiting your current contracts and HR policies, understanding how to structure and manage a probationary period is essential. In this blog, we’ll explain everything you need to know about probationary periods in the UK, including legal context, best practices, and common pitfalls.
We’ll also cover the government’s proposed First day Rights bill and the implications for probation periods.
What is a Probationary Period?
A probationary period is a trial phase at the start of a new employee’s contract. It gives both employer and employee time to assess whether the role and working relationship are the right fit.
Typically lasting between three to six months, the probation period allows employers to monitor performance, behaviour, timekeeping, and cultural fit before confirming permanent employment. It also gives employees a chance to decide whether the job and organisation meet their expectations.
Is a Probationary Period a Legal Requirement?
In the UK, there is no legal obligation to include a probationary period for employment in a contract. However, it’s widely regarded as best practice – particularly for small and growing businesses who want to make informed, confident hiring decisions.
At Wright People HR, we always recommend including a well-defined probationary period clause in your employment contracts. Not only does it create clarity and accountability, but it also supports fair and structured decision-making for both sides.
How Long Should a Probationary Period Be?
There’s no “one size fits all” answer, but in most UK businesses, a standard probationary period lasts three months. For more senior roles or positions with a steep learning curve, a six-month probation period may be more appropriate.
Whatever the length, the probation period should be clearly stated in the employee’s contract, along with:
- The exact length of the probationary period
- The review process and how performance will be assessed
- Any specific expectations or targets
- Notice periods during probation (usually shorter than after confirmation)
- The possibility of extension and under what circumstances
Probationary Period UK: What Employers Should Know
Here’s what employers need to understand when setting a UK probation period:
- Shorter Notice Periods Apply
During the probation period, employees can be subject to shorter notice periods – often one week instead of one month. This should be clearly outlined in the employment contract.
- Employment Rights Still Apply
While the probationary phase is a trial period, employees are still entitled to statutory rights from day one, including:
- National Minimum Wage
- Statutory Sick Pay (SSP)
- Paid holidays
- Protection against discrimination
- Right to a safe working environment
- Clear Performance Metrics Help
Set clear goals and performance expectations at the beginning of the probation period. This helps ensure employees understand what’s expected – and provides a fair basis for review.
- Probation Reviews Are Crucial
Regular feedback sessions during the probationary period for employment are essential. Ideally, hold a mid-point review and a final probation meeting. Document these discussions and outcomes.
Extending the Probation Period
In some cases, an employee may be making progress but not quite meeting expectations by the end of the initial probationary period. In this situation, it’s reasonable to extend the probation period – but only if:
- The employment contract allows for extensions
- You give the employee clear written reasons for the extension
- You outline what improvements are needed and when the next review will take place
At Wright People HR, we advise including a clause in your probation period UK contract template that allows for a clearly defined extension, usually for no more than 3 months.
Ending Employment During or After Probation
If the probation period doesn’t go as hoped and you decide to end employment, here’s what to consider:
- Ensure the decision is based on objective performance criteria, not personal bias.
- Give the employee the appropriate notice as outlined in their contract.
- Document the reasons for ending the employment and share them in writing.
- Treat the individual fairly and respectfully – protecting your employer brand.
Remember: even during a UK probation period, employees can bring claims for unfair dismissal if the process is discriminatory or breaches their statutory rights.
Upcoming Changes to Probation Periods
The Government’s Employment Rights Bill plans to remove the current 2-year qualifying period before employees can claim unfair dismissal. In its place will be a new statutory Initial Period of Employment (IPE), likely lasting up to 9 months with a 3-month extension. With this in place we would recommend with any new hires to have their probation period being as long as possible (ideally 6 months) to avoid any pitfalls when this new legislation comes into play and so your processes are refined and rigid come October 2026.
Best Practices for Managing Probationary Periods
Here are our top tips for getting the most from your probation process:
✅ Include a probation clause in every contract
Make sure the length, review process, and notice periods are clearly stated.
✅ Set expectations early
Clearly communicate KPIs, role responsibilities, and company values during onboarding.
✅ Schedule regular check-ins
Don’t wait until the end of the probationary period to give feedback. Provide regular, constructive reviews and document them.
✅ Be transparent and fair
If things aren’t going well, don’t avoid the conversation. Be honest, specific, and professional.
✅ Support the employee
Probation shouldn’t feel like a trap – it’s a support framework. Offer guidance, mentorship, and resources to help new hires succeed.
How Wright People HR Can Help
We work with businesses across the UK to set up probationary processes that work. From building compliant probation period clauses into employment contracts to designing simple review templates and guiding managers through tricky conversations, we’re here to take the pressure off.
We also offer:
- Customised employment contract templates with probationary clauses
- Probation review meeting templates
- Support with extending or ending probation fairly
- Onboarding frameworks that increase new hire success
Common Mistakes to Avoid
Even experienced employers can fall into these traps:
🚫 No documentation
Verbal agreements or vague expectations lead to confusion and risk. Put everything in writing.
🚫 Ignoring the process
Some managers forget to check in during the probationary period, leaving new hires unsupported and underperforming.
🚫 Last-minute decisions
Telling someone they’ve failed probation on their final day with no warning is not only unfair – it can damage your reputation.
🚫 Extending without clarity
Extending the probation period without setting clear expectations is rarely effective.
Final Thoughts
A well-managed probationary period for employment benefits everyone. It gives new hires a fair chance to prove themselves, and it gives employers peace of mind before confirming long-term employment.
At Wright People HR, we help you make probation a positive, proactive process – not just a formality. Whether you’re creating new contracts, reviewing your onboarding strategy, or need help managing a difficult probation case, we’re here to help.
Contact us today to discuss how we can assist your organisation.
