Probationary Period Policy Template for UK Businesses
A probationary period policy sets out the terms, expectations, and review process that applies during a new employee's initial period of employment. While probationary periods are not defined in UK statute, they are a common contractual arrangement that allows both employer and employee to assess suitability. The Employment Rights Bill is expected to introduce a statutory probationary period during which a lighter-touch dismissal process will apply, but until enacted, the current rules on unfair dismissal qualifying periods apply.
Who Needs This Policy?
Any UK employer that uses probationary periods in employment contracts should have a clear policy. While there is no legal requirement to operate a probationary period, many employers use them (typically 3-6 months) to assess new hires. Under current law, employees generally need 2 years' continuous service to claim ordinary unfair dismissal, but day-one rights (including discrimination and automatically unfair dismissal) apply from the start. The Employment Rights Bill proposes to make unfair dismissal a day-one right with a statutory probationary period.
What's Covered
This probationary period policy template covers 12 key sections:
Purpose
[your details] uses a probationary period as a structured way of assessing whether a new employee is suitable for the ro...
Scope
This policy applies to all new employees of [your details] from their first day of employment. This policy does not app...
Probation Period Duration
The standard probation period at [your details] is [your details] months. The duration is set out in each employee's con...
Notice During Probation
The notice period during the probation period is [your details] week(s), as specified in the employee's contract. This i...
Setting Objectives
Within the first week of employment, the line manager will agree specific, measurable objectives with the new employee. ...
Review Meetings
[your details] will hold formal review meetings with the employee at regular intervals throughout the probation period: ...
Outcomes: Confirming, Extending, or Ending Employment
At the end of the probation period, there are three possible outcomes. If the employee has met the required standard, ...
Probation and Discrimination
Protection against discrimination under the Equality Act 2010 applies from day one of employment. [your details] will no...
Right of Appeal
Any employee whose employment is ended during or at the end of the probation period has the right to appeal. To appeal, ...
Roles and Responsibilities
are responsible for: - Agreeing and recording written objectives with the new employee in the first week - Holding form...
Related Policies
This policy should be read alongside: - Disciplinary Procedure - Equality and Diversity Policy - Flexible Working Polic...
Review
This policy will be reviewed annually, or sooner if there are changes to relevant legislation. The next scheduled review...
Legal Framework
This policy template is grounded in the following UK legislation and guidance:
- Employment Rights Act 1996, s.1 (written statement must include probation details from April 2020), Part X (unfair dismissal, s.98)
- Equality Act 2010 (discrimination protection applies from day one — no qualifying period)
- Employment Rights Act 2025 (unfair dismissal qualifying period reducing to 6 months from 1 January 2027, compensatory award cap removed)
- ACAS guidance on probationary periods
How Complaiance Helps
Our probationary period policy goes beyond a generic template:
- Clear framework for setting objectives, conducting reviews, and extending or ending probation
- Guidance on notice periods during probation and how they interact with contractual terms
- Future-proofed for the Employment Rights Bill's proposed statutory probationary period
- Performance improvement process for employees not meeting expectations during probation
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Get Started FreeFrequently Asked Questions
Is there a legal right to a probationary period in the UK?
Currently, there is no statutory probationary period in UK law. Probation is a contractual arrangement between employer and employee. The Employment Rights Bill proposes to introduce a statutory probationary period (expected to be 9 months) during which a lighter-touch dismissal process will apply once unfair dismissal becomes a day-one right. Until the Bill is enacted, the current 2-year qualifying period for ordinary unfair dismissal continues to apply.
Can an employee be dismissed during probation?
Yes. During probation, if the employee has less than 2 years' service, they cannot claim ordinary unfair dismissal. However, day-one rights still apply: dismissal for a discriminatory reason (Equality Act 2010), whistleblowing (ERA 1996 s.103A), pregnancy, trade union membership, or asserting a statutory right is unlawful regardless of service length. Employers should still follow a fair process and give the contractual notice period.
How long should a probationary period be?
There is no statutory rule. Most UK employers set probation at 3 or 6 months, with the option to extend by a further 1-3 months. The period should be long enough to fairly assess the employee's suitability but not so long as to create uncertainty. Under the proposed Employment Rights Bill changes, the statutory probationary period is expected to be 9 months.