Labour law (conditions of employment) in the Bailiwick of Guernsey is governed by the Conditions of Employment (Guernsey) Law, 1985, and the Employment Protection (Guernsey) Law, 1998.

In Guernsey, employments start with a probation period. This is a period of mutual evaluation by the employer and the employee to determine whether a long-term working relationship is appropriate.

There is no statutory probation period in Guernsey, but it is a contractual mechanism for evaluation and must be clearly defined in the written statement of terms and conditions of employment given to an employee.

Some key law changes and updates for the initial period of employment in 2026 will include minimum wages, age discrimination, and the introduction of the secondary pension regime in stages.

Definition of a Probation Period in Guernsey

Guernsey also has the concept of a probation period. This is a period of time defined in the employment contract, which is intended to provide an opportunity for the employer to assess the employee’s performance and suitability for the job.

In order to be able to rely on a probation period (and to be enforceable), its length and any modified terms during it (e.g., shorter notice periods) must be included in the written statement of employment (issued within four weeks of the start of employment). If these clauses are not included, then the employee is usually assumed to be on full contractual terms and conditions from day one, and therefore, it will be more difficult for an employer to terminate employment at an early stage.

However, all statutory rights apply from day one. This includes the minimum wage, protection from discrimination, etc. In addition, it is important to note that, under Guernsey’s Population Management Law, failure to successfully complete a probationary period has additional consequences which relate to the individual’s immigration status. This is because most employment permits are role-specific, so loss of that role may have a direct effect on the individual’s right to stay in the island.

Lengths of Probationary Periods in Guernsey

Probationary period length in the Bailiwick is set by the contract, not statute law. However, standard lengths have been set by custom and market forces. The length is set according to the level and complexity of the role. However, it must be reasonable to be valid and not to be seen as a way of evading statutory rights.

Permanent or indefinite contracts

Probationary periods for permanent roles are most commonly 3 or 6 months in Guernsey. Three months is more likely to be used for administrative or junior posts, while six months is typical for technical, managerial, or senior positions, where it may take longer for the full effect of the employee’s work to become apparent.

In some highly specialised senior executive cases, an agreed probationary period of up to twelve months may be used, although longer periods are less common. The contract should also make it clear whether the employer is entitled to extend the probation period if they wish to have more time to assess the employee, provided the extension is confirmed in writing before the end of the original probation period.

Fixed-term or definite contracts

For a fixed-term contract, the length of the probation period must be reasonable compared to the overall length of the contract. From a legal best practice perspective, the probation period should not be longer than 25% of the overall contract term. As a result, a 1-year contract would generally have a maximum probation period of three months.

Seasonal employment permits are often issued for nine months, and probation periods are therefore even shorter, ranging from two to four weeks.

An employer may generally not apply a new probation period if a fixed-term contract is renewed for the same position.

Legal Considerations for Probation Periods in Guernsey

Employers in Guernsey have relative flexibility when it comes to the probationary periods; however, the island also has a number of strict statutory minimums that apply to all employees irrespective of any probationary status.

Pay and Working Conditions

Guernsey Minimum Wage – The Minimum Wage applies to all employees in Guernsey. As of October 2025, the adult rate is £12.60 per hour, and the young workers (aged 16 and 17) rate is £11.35 per hour. An employer may offset up to £113 per week in rent, or £158 per week in rent and food, against this where they are providing accommodation.

Secondary pension scheme – The secondary pension scheme applies to all employers. The minimum employee contribution has been increased from 1 January 2026 to 1.5% of remuneration.

The employer’s contribution is 1.0%. The employer may defer an employee’s entry into the pension scheme for up to three months (usually coinciding with the introductory probation period).

Termination and Notice

Termination during probation is provided for in the Employment Protection (Guernsey) Law, 1998. In the first month, there is no minimum statutory notice period, and the contract could therefore say it could be terminated with immediate effect.

After one month’s continuous employment but less than two years’ continuous employment, the minimum statutory notice period is one week on both sides. Any longer period stated in the contract will override this. and the contractual notice period will apply.

Employees are normally required to have one year’s service to make a claim for unfair dismissal. However, certain types of dismissal (for example, those connected with pregnancy, trade union membership or activities, or the assertion of statutory rights) are regarded as unfair, even if the employee has only been employed for one day.

Vacation / Holidays

There is no statutory minimum entitlement to paid annual leave or public holidays in Guernsey. All holiday rights are contractual. The Conditions of Employment (Guernsey) Law, 1985, Schedule 1. requires the employer’s holiday policy to be given in the written statement of employment.

In the first year of employment, including any probationary period, the employee will usually build up holiday entitlement pro rata for the period worked.

The employer should ensure that, to avoid a claim of indirect discrimination, part-time employees on probation are given the same holiday entitlement as full-time staff on a pro rata basis.

Benefits of Probation Periods in Guernsey

The probation period is beneficial for both employers and employees in Guernsey. It reduces hiring risks and prevents long-term mismatches.
  • For Employees

Opportunity to test the working environment and to decide if they can meet the requirements of the role under less pressure than in a permanent position.

It provides regular feedback during the probation period, helping identify strengths and areas for improvement before the role is confirmed.

Offer further company benefits that are not available to employees in the first few months of employment, such as access to private health insurance or an enhanced company pension contribution.

  • For Employers

Allows them to fairly dismiss employees with a shorter notice period if they have issues with performance or behaviour, so long as this is not related to discrimination.

This is particularly valuable given the 1 year qualifying period for an “ordinary” unfair dismissal claim, which gives the employer the power to make a suitability decision with a lower risk of legal challenge.

Because of the Population Management Law and the high cost of housing on the island, the probation period helps the employer make sure they are not required to keep an employee who does not meet the right professional standard.

Conclusion​

Guernsey’s probationary period guidelines grant a level of fluidity, but they also signal certain firm standards, such as minimum wage and secondary pension contributions, as well as progressive discrimination legislation that will see protection over age and associated pension contributions strengthening further as of 2026. Agreeing employment terms in writing is therefore even more strongly recommended to maintain the probation period and overall employment contract as above-board as possible.

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Frequently Asked Questions

No. If the employee has been employed for less than 1 month, then the employer is not obliged to provide a statutory notice period if the contract allows for immediate termination under Guernsey law.

 

After one month, the statutory minimum is one week's notice (unless the contract of employment states a longer period is required). Immediate termination may be permitted in cases of gross misconduct.

The Prevention of Discrimination (Guernsey) Ordinance, 2022, prohibits dismissal on the grounds of age, disability, race, carer status, sexual orientation, or religion or belief.

 

If a dismissal during a probationary period can be proved to have been because of a protected characteristic, the employee can have a valid claim to the Employment & Discrimination Tribunal.

A work permit (short-term employment permit, STEP, or long-term employment permit, LTEP) is issued to a specific position with a named employer. If the employee is terminated or resigns during the probationary period, the permit would no longer be valid, as the permit's conditions have changed.

 

The individual must report this to the Population Management office. In some cases, a three-month discretionary permit may be issued to "settle things out", but the individual would typically lose their right to live in that local market unless they acquire a new role with an employer who is willing to sponsor a new permit.