Definition
An initial period of employment, typically three to six months, during which a new employee's performance and suitability for the role are assessed. While not a legal requirement, probation periods are common practice and should be clearly outlined in the employment contract.
UK Context
Probation periods are not defined in UK statute but are a contractual arrangement. Employers should note that employees gain certain rights from day one, such as the right to a written statement of particulars and protection from discrimination. The qualifying period for unfair dismissal claims is generally two years.
Best Practices
- Set clear, measurable objectives at the start of the probation period
- Conduct regular review meetings at key milestones such as one month, midpoint, and end
- Document all feedback and discussions and extend the probation period if further assessment is needed rather than dismissing immediately
Frequently Asked Questions
Can a probation period be extended?
Yes, if the contract allows for it or by mutual agreement. An extension should be communicated in writing, with clear reasons and a revised end date. It is good practice to set additional objectives for the extension period.
What notice period applies during probation?
The notice period during probation is whatever is stated in the employment contract. If the contract is silent, the statutory minimum of one week applies after the first month of employment. Many employers set a shorter notice period during probation.