Probation Period
A probation period is an initial period of employment (typically three to six months) during which an employer assesses whether a new employee is suitable for the role. Employees retain employment rights during probation, including the right to the National Minimum Wage and protection from unlawful discrimination. However, rights that require two years of service (such as the right to claim unfair dismissal) may not have accrued.
A probation period is a contractual arrangement — typically 3 to 6 months — during which an employer assesses a new employee's performance and conduct. Employees accrue employment rights from day one: the right to the National Minimum Wage, statutory paid holiday (5.6 weeks pro-rata), protection from unlawful discrimination, and the right not to suffer unauthorised deductions from wages. Rights requiring 2 years' service (unfair dismissal, statutory redundancy pay) will not have accrued. Employers should conduct regular reviews during probation and give clear feedback. Extending probation beyond 6 months should be done by agreement and in writing. Dismissal during probation should still follow a fair procedure — a very short process may suffice, but summary dismissal with no process at all risks a wrongful dismissal claim or, if discriminatory grounds were involved, an automatically unfair dismissal claim regardless of service length.