TD
Key Takeaways
- Probation is a contractual concept rather than a statutory one — your legal rights are largely governed by length of service, not by probation status.
- Most day-one rights apply during probation: minimum wage, holiday accrual, statutory sick pay eligibility, and protection from discrimination.
- Notice periods are usually shorter during probation, which is the main practical difference.
- Extension is common and is not the same as failure, though it should come with specific written objectives.
- The people who pass are the ones who ask what success looks like in week one.
Probation causes disproportionate anxiety, largely because employers describe it as a period when you have no rights and employees believe them. The reality is more nuanced: probation changes your notice period and your access to some discretionary benefits, and it changes very little about your statutory protections.
It does matter practically, though. The first three to six months form a reputation that is hard to shift afterwards.
This guide covers what changes legally, what changes practically, and how to pass.
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What probation actually is
A contractual arrangement, not a legal status. UK employment law does not define a probation period — your contract does.
Typically three to six months, sometimes extendable.
What the contract usually changes during it:
- Shorter notice period on both sides, often a week rather than a month
- Restricted access to some benefits — private medical, enhanced sick pay, sometimes pension above the auto-enrolment minimum
- A formal review at the end
That is generally the extent of it.
What does not change
This is where employers frequently overstate the position.
National Minimum Wage applies from day one.
Holiday accrues from day one, at the statutory rate or better.
Statutory Sick Pay eligibility is based on earnings, not probation status.
Protection from discrimination applies from day one — before day one, in fact, since it covers recruitment. Dismissal for a discriminatory reason is unlawful whether you are on probation or not.
Automatically unfair dismissal protections apply regardless of service length for certain reasons — whistleblowing, asserting a statutory right, pregnancy, trade union membership, and health and safety matters among them.
Your contract binds both parties. Probation does not suspend it.
What is genuinely different: ordinary unfair dismissal protection requires a qualifying period of continuous service, which is considerably longer than most probation periods. So an employer can dismiss for ordinary performance reasons with less procedural risk early on — but that is a function of service length, not of the probation label. It would be equally true without a probation clause.
Extension
Common, and frequently misunderstood as a soft failure.
Legitimate reasons: you joined during a quiet period and there was not enough to assess, a project slipped, you were ill, or your manager changed.
What extension should come with:
- Written confirmation of the new end date
- Specific objectives — what must be different by then
- A scheduled check-in partway through, not just at the end
If you are offered an extension with none of that, ask for it. "What specifically do you need to see by the new date?" is a reasonable question, and an employer who cannot answer it has not thought about it.
The contract must permit extension. Check it says so.
Passing it
The practical half, and largely the same behaviours that matter in any new role — see the first 90 days in a new job.
Ask in week one what success looks like. Explicitly: "What would a successful probation look like from your side at three and six months?" Very few people ask, and the answer is the actual criteria. Asking early gives you months to meet them.
Get feedback at the midpoint rather than waiting for the review. Early correction is cheap; a surprise at the end is not.
Communicate progress. A short weekly update means your manager never wonders what you are doing — worth more than it sounds during an assessment period.
Deliver something visible early. One completed, useful thing in the first month establishes that you execute.
Do not criticise before you understand. Arriving and explaining how your previous employer did it better is the fastest way to damage credibility you have not yet built.
Keep a record of what you have delivered. If the review is unexpectedly negative, evidence is what changes the conversation.
If it is not going well
Ask directly and early. "Is there anything you'd like me to be doing differently?" invites a real answer while there is still time.
Get concerns in writing if any are raised, along with what would resolve them.
If you are dismissed during probation, you are entitled to your contractual notice or pay in lieu, accrued unused holiday, and any wages owed. Check the notice provision in your contract.
If you believe the reason was discriminatory or falls into the automatically unfair categories, service length does not protect the employer. Take advice.
Resigning during probation
It works both ways, and the shorter notice cuts in your favour.
You can leave on the probation notice period, which is usually short. If the job is clearly wrong, that is a feature.
On your CV, a very short role is generally best omitted if it was a matter of weeks. A few months is worth including with a brief, neutral explanation — see how to explain an employment gap and the UK CV format guide.
Do not resign before securing something else unless the situation genuinely requires it — see notice period negotiation.
Common Mistakes
Believing you have no rights during probation. Minimum wage, holiday accrual, sick pay eligibility and discrimination protection all apply from day one.
Not asking what success looks like in week one. The criteria exist, managers will tell you, and almost nobody asks while there is still time to act.
Waiting for the formal review to get feedback. Midpoint feedback lets you correct course; a surprise at the end does not.
Treating an extension as a failure. It is often circumstantial, but it should come with written objectives and a date — ask for both if they are not offered.
Accepting an extension with no specifics. Without stated objectives you cannot pass it, and an employer who cannot name them has not thought it through.
Criticising established ways of working early. You have no credibility yet and no understanding of why things are as they are.
Not keeping a record of what you delivered. If a review goes unexpectedly badly, documented output is what changes the conversation.
Assuming probation suspends your contract. It binds both parties throughout, including the employer.
Frequently Asked Questions
Do I have employment rights during probation?
Yes — minimum wage, holiday accrual, statutory sick pay eligibility and discrimination protection all apply from day one. Probation is a contractual concept, not a legal status.
Can I be dismissed easily during probation?
Ordinary unfair dismissal protection requires a qualifying period of continuous service, which most probation periods fall short of. That reflects service length rather than probation itself, and discriminatory or automatically unfair dismissals remain unlawful regardless.
What notice applies during probation?
Whatever your contract specifies, usually shorter than the post-probation period — commonly a week. It generally applies to both sides.
Is extending probation a bad sign?
Not necessarily. It is often circumstantial. What matters is whether it comes with written objectives, a new end date, and a scheduled check-in.
Do I accrue holiday during probation?
Yes, from day one, and you are owed payment for any accrued unused holiday if you leave.
Can I resign during probation?
Yes, on the contractual probation notice, which is usually short. That works in your favour if the role is clearly wrong.
Should a failed probation go on my CV?
A few weeks is usually best omitted. A few months is worth including with a brief neutral explanation rather than leaving an unexplained gap.
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Make This Practical
Ask in week one what a successful probation looks like at three and six months. The criteria exist and your manager will tell you — asking early converts months of guessing into a checklist, and almost nobody does it.
Then get feedback at the midpoint rather than waiting for the formal review, send a short weekly progress note, deliver one visible completed thing in the first month, and keep a record of what you have produced.
Finally, know your actual position. Minimum wage, holiday, sick pay eligibility and discrimination protection apply from day one, your contract binds the employer throughout, and if an extension is proposed it should come with written objectives and a date — ask for both if they are not offered.
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