How do employers know if the new workers they’ve hired actually have what it takes to perform their jobs well? What assurances do employees have that their working conditions will be just as their employers promised and that they’ll enjoy their new positions? At the beginning of any new employment period, these concerns are very common.

Probation periods help to reduce these worries and give both sides a chance to test out their situation. Here, we’ll look at how probation periods in the United Kingdom are used and regulated for the good of both employees and employers.

Definition of a Probation Period in the United Kingdom

In the UK, a probation period is a set period of time at the beginning of a new hire’s employment. Also known as a qualifying period, this is a time for the employer to assess the skills and abilities of their new workers on the job and to find out if they’ll fit well into their teams and the overall company culture. During these periods, employees also assess their own fit into the organization, the reality of their working conditions, and their feelings about their new positions. 

Probation periods in the UK must be clearly detailed in employment contracts to be legally recognized. They differ from regular periods of employment in that protections against unfair dismissals and notice periods are relaxed for their duration. 

Lengths of Probationary Periods in the United Kingdom

The United Kingdom’s Employment Rights Act of 1996 regulates probationary or qualifying periods. According to the ERA, probation periods cannot last longer than two years. After this time, employees are entitled to protections against unfair dismissal.

However, two years is a very long time for an employee to be on probation and most employers instead use employment periods of between three and six months. The length of a probation period should be included in each employee’s contract as well as any possibility of an extension to the original period if the employer deems it unsuccessful. The expectations for the employee’s performance should also be clearly stated.

Legal Considerations of Probation Periods in the United Kingdom

The laws that regulate probation periods in different countries vary widely. However, they normally offer fewer protections for the employee and employer than during normal employment and this is the case In the UK as well. The rules governing UK probationary periods include:

Pay and Working Conditions

Unlike in other countries which allow employers to pay probationary workers less, the UK does not offer such provisions. Instead, employers are required to pay probationary workers their contractually agreed normal wages which must, of course, match or be higher than the national minimum wage. Probationary workers also cannot be made to work longer hours or have fewer breaks than normal workers.

Termination and Notice

The main regulation that defines probation periods in the UK comes from Section 108 of the ERA. This rule states that while employees normally have the right not to be unfairly dismissed by their employers, this protection doesn’t apply to workers who have worked fewer than two full years for their employer. This means that during the qualifying period, employers do not need to justify their reasons for terminating employees or provide proof to support their decisions. However, employees also do not need to provide reasons for resigning.

While notice periods during probation periods aren’t explicitly mandated, they still must follow general regulations. Neither the employee nor the employer needs to provide any notice if terminating a contract before the employee has completed one month of work. After one month, however, both parties need to provide one week’s notice for termination.

Pregnant employees and those who have recently given birth normally cannot be dismissed from their positions. During their probation periods, however, this protection does not apply.

Vacation / Holidays

The UK provides eight “bank holidays” or public holidays per year. Probationary and other workers are entitled to these holidays, but it’s up to the employer whether these days will be paid or not.

UK workers receive at least 28 days of paid annual leave each year, accruing 1/12 of their allotted leave each month. Probationary workers accrue this leave and are entitled to take it as it is accrued. All annual leave must be taken in the year it was accrued and may not be carried over to the next year.

Benefits of Probation Periods in the United Kingdom

Probation periods can be good for both employees and employers and carry the following benefits:

  • For Employees

Employees have the opportunity to try out their new roles and responsibilities before committing to them long-term

They can resign more easily at the start of their probation periods

  • For Employers

Employers can terminate employees easily if they’re not working out

They have time to assess the skills and abilities of their new hires

Employees are highly motivated to perform well during probation

Frequently Asked Questions

No, probation periods are not mandated by any UK law and are therefore at the discretion of the employer. They may also be influenced by collective bargaining agreements.

Yes, it is possible to extend probation in the UK if the employer feels that the initial probation period was unsuccessful and wants to give the employee an opportunity to improve. However, the possibility of extension must be included in the employee’s contract from the start and the total period of probation cannot exceed two years.

It depends on how long an employee has worked. If less than one month, no notice is required from either the employee or the employer. However, after one month, both parties are required to give the other one week’s notice if they want to terminate the employment contract. 

While qualifying periods can last up to two years, they typically last only three to six months.