Probationary Review: UK Employment Law Guide

probationary review

IN THIS ARTICLE

A probationary review is a formal assessment of an employee’s performance, conduct and suitability for a role during their initial period of employment. Typically tied to a set probationary period, the review provides an opportunity for employers to evaluate whether the new hire meets the required standards and to decide whether to confirm, extend or terminate the employment.

While probation periods have no special legal status under UK employment law, they are widely used and carry significant legal and practical implications. Poorly managed reviews can lead to disputes, especially where issues of discrimination, breach of contract, or failure to follow internal policies arise.

Importantly, employees still benefit from core statutory rights during probation, and employers must remain mindful of legal risks even in these early stages of employment.

For HR professionals and legal teams, conducting probationary reviews effectively and lawfully is essential. A well-handled probationary process strengthens internal governance and reduces the risk of costly employment disputes.

 

Section A: What Is a Probationary Review?

 

For many employers, the probationary period acts as a safeguard and a contractual window in which the employer can assess whether a new employee is a good fit for the organisation. The probationary review is the formal point at which that assessment is recorded and acted upon. It’s a vital part of early-stage employment management, serving both as a legal checkpoint and a strategic opportunity to confirm expectations, address issues, or make decisions about an employee’s future with the business.

 

1. Definition and Purpose

 

A probationary review is a formal meeting or process that takes place towards the end of an employee’s probationary period. Its purpose is to evaluate the employee’s performance, behaviour, and overall suitability for the role based on criteria agreed at the outset or observed during the probation.

The review typically involves the line manager or HR representative discussing key areas such as:

 

• Quality of work
• Reliability and punctuality
• Adaptability and learning curve
• Cultural fit and team integration
• Conduct and professionalism

 

It provides an opportunity for the employer to either:

 

• Confirm the employee’s appointment as permanent
• Extend the probation (if contractually permitted)
• Terminate the employment if performance or conduct is unsatisfactory

 

Probationary reviews should be structured, evidence-based, and well-documented to ensure fairness and mitigate legal risks.

 

2. Common Timeframes

 

There’s no statutory duration for probation periods under UK law, but the most common timeframes used in employment contracts are:

 

• 3 months – common in administrative, junior, or temp-to-perm roles
• 6 months – more typical in professional, technical, or senior roles
• Extended periods – sometimes used in complex roles, subject to contract terms

 

Some employers also build in interim reviews (e.g. halfway through the period) to give early feedback and allow course correction before the final decision.

Where a probation period is due to expire without formal review, a lack of action may result in automatic confirmation of employment, depending on the contractual wording.

 

3. Typical Contract Clauses

 

A well-drafted employment contract should include a dedicated probationary period clause. This typically sets out:

 

• Length of the probation period
• Employer’s discretion to extend the period
• Notice requirements during and after probation (often shorter notice applies during probation)
• Performance or conduct criteria to be assessed
• Review process or meeting expectations

 

Here’s a sample clause (for illustrative purposes):

 

“Your employment is subject to a probationary period of six months. During this time, your performance and conduct will be reviewed. The Company reserves the right to extend the probationary period if deemed necessary. During the probationary period, either party may terminate employment with one week’s notice.”

 

Clarity in these clauses is essential to avoid ambiguity, especially around extension rights and notice provisions. Employers should also ensure internal HR policies align with what’s written in the contract.

 

Table: Probation Clause Checklist

Element
Included? (✓/✗)
Notes
Length of probation period
e.g. 3 or 6 months
Right to extend
Must be stated clearly
Notice period during probation
Often shorter than post-confirmation
Review process expectations
Mention review meeting, criteria, etc.

 

Section B: Legal Context in UK Employment Law

 

While probation periods are a widely accepted part of employment practice in the UK, they have no special legal status under the law. This can often lead to misconceptions about the rights and obligations of both employers and employees during probation.

Employment protections under UK law do not switch on or off depending on whether an employee is on probation. Instead, a range of statutory and contractual considerations apply, particularly those concerning notice, dismissal and discrimination, which, if mishandled, can result in legal liability.

 

1. No Special Legal Status – But Relevance Under ERA 1996

 

The Employment Rights Act 1996 (ERA 1996) does not specifically reference probation periods. Instead, it governs rights and obligations that apply to all employees, regardless of probationary status, subject to qualifying periods for certain protections.

This means a probationary employee is still an employee in law, with access to many of the same statutory rights as a confirmed employee. While probation is often viewed by employers as a lower-risk period for termination, this is only partially true — certain risks still apply (explored below).

The relevance of ERA 1996 is most significant in two areas:

 

• Unfair dismissal protections, which apply after 2 years’ continuous service (standard qualifying period)
• Minimum notice entitlements, which apply after one month’s continuous service

 

2. Notice Periods During and After Probation

 

Employers often include shorter notice periods during the probation period, which may increase upon successful completion. For example, a contract might specify:

 

• One week’s notice during probation
• One month’s notice after confirmation of employment

 

These provisions are contractual and legally binding if agreed in writing. However, statutory minimum notice must still be complied with, even during probation. Under the ERA 1996, once an employee has completed one month’s service, they are entitled to at least one week’s statutory notice, regardless of contractual terms. This often catches out employers who assume that very short notice can be given simply because the employee is on probation. If a shorter notice period is applied unlawfully, it may amount to wrongful dismissal.

 

3. Employee Rights During Probation

 

While probationary employees have limited protection against unfair dismissal (due to the two-year qualifying period), they are still protected by several statutory rights, including:

 

• Protection against discrimination under the Equality Act 2010 from day one
• Right not to be wrongfully dismissed (e.g. dismissed in breach of contract)
• Protection for whistleblowing and other automatically unfair dismissal grounds
• Entitlement to national minimum wage, statutory sick pay, and holiday pay

 

In practice, this means an employee dismissed during probation could still bring a claim at the tribunal, for example, if they believe the dismissal was discriminatory, based on a protected characteristic, or in breach of their contractual notice period.

 

Table: Legal Protections by Employment Length

Length of Service
Rights Gained
Day one
Discrimination protection, whistleblowing rights, statutory sick pay
One month
Statutory notice period, written reasons for dismissal (if requested)
Two years
Right to claim ordinary unfair dismissal

 

4. Risk Areas

 

Dismissing an employee on probation is likely to involve certain legal risks:

 

• Discrimination claims: A probationary employee dismissed for reasons linked to race, sex, disability, religion, age, or other protected characteristics can bring a claim immediately. Compensation for discrimination is uncapped.

 

• Breach of contract: Failing to follow the contractual review or notice process or applying termination terms inconsistently can lead to breach of contract or wrongful dismissal claims.

 

• Lack of documentation: Poor or absent documentation of probation objectives, feedback or performance concerns weaken the employer’s position if the dismissal is challenged.

 

• Process failures: While a full disciplinary procedure may not be required, a basic fair process (e.g. a review meeting, opportunity to respond, written outcome) is advisable — particularly for mid-to senior-level roles.

 

Section C: How to Conduct a Probationary Review

 

The probationary review process should give the employee a clear understanding of where they stand and give the employer the opportunity to make an informed and fair decision about the employee’s future.

 

1. Process Stages

 

The probation review process would typically involve the following stages:

 

Table: Probation Review Timeline (Example for 6-Month Probation)

Stage
Timing
Actions
Start of Employment
Week 1
Set expectations, provide induction, confirm review dates
Midpoint Check-in
Around Month 3
Conduct informal or formal feedback meeting
Review Preparation
Week 22–23
Collect evidence, complete performance documentation
Final Review Meeting
Week 24–25
Hold meeting, agree outcome
Outcome Issued
By end of Month 6
Confirm in writing: pass, extend, or terminate

 

Stage 1: Setting Expectations (At Start of Employment)

The process begins with clear communication. From day one, the employee should be informed of:

 

• The length of the probation period
• The criteria by which they will be assessed (performance, conduct, attendance, etc.)
• The timing of any interim or final review meetings
• The potential outcomes (confirmation, extension, or termination)

 

This information should be documented in the employment contract or offer letter and reinforced during induction. Where possible, employees should also receive written goals or performance objectives.

 

Stage 2: Midpoint Review

For probation periods longer than three months, it’s good practice to conduct a midpoint review. This allows for:

 

• Early identification of issues
• Constructive feedback and course correction
• Evidence of support offered to the employee

 

The midpoint review doesn’t need to be formal but should be recorded in writing, especially if concerns are raised. It’s also an opportunity to reaffirm expectations and provide developmental feedback.

 

Stage 3: Final Review Meeting

The final probationary review should take place before the probation period expires, ideally at least one to two weeks beforehand, to allow for informed decisions and outcome communication.

At the meeting:

 

• The employee’s performance and conduct should be reviewed against the original criteria
• Feedback should be given, with examples
• The employee should be given an opportunity to respond or explain any issues
• A decision should be made and explained:
◦ Confirmation of employment
◦ Extension of probation (only if contractually permitted)
◦ Termination of employment

 

The outcome should be documented and followed up with a written confirmation letter.

 

Table: Probation Outcomes Summary Table

Outcome
Description
Next Steps
Confirmation
Employee passes probation and becomes permanent
Issue confirmation letter, update HR records
Extension
Employee needs more time or support before a decision can be made
Issue extension letter, set review criteria
Termination
Employee is not suitable for the role
Follow dismissal procedure, issue final pay

 

2. Documentation and Record-Keeping

 

Documentation is critical to ensure transparency, consistency, and legal protection. At a minimum, employers should retain:

 

• Notes of any informal or formal review meetings
• A probation review form or performance checklist
• Copies of any feedback or warning letters
• The final outcome letter confirming the result of the review

 

Good record-keeping demonstrates that the employer acted fairly and gave the employee a meaningful opportunity to succeed.

 

3. Involving the Line Manager and/or HR

 

The probation process is often led by the line manager, with support from HR, particularly in higher-risk or senior-level appointments.

Best practice involves:

 

• Line managers conducting day-to-day performance monitoring and reviews
• HR overseeing the overall process to ensure consistency, legal compliance, and appropriate decision-making
• Joint review meetings in complex or borderline cases

 

HR should also ensure that deadlines for reviews are tracked and diarised, as missed deadlines can lead to confusion or unintended confirmation of employment.

 

Section D: Outcomes of a Probationary Review

 

At the end of the probation period, employers must decide whether the employee has demonstrated the performance, behaviour, and overall suitability required for the role. The decision has to be evidence-based, procedurally fair and aligned with the terms set out in the employment contract. You then have to communicate the outcome of the review to the employee in a timely manner and record it in writing.

The three typical outcomes are confirmation of employment, extension of the probationary period or contract termination.

 

1. Confirmation of Employment

 

Where the employee has met the required standards, the probationary review concludes with confirmation of their appointment. This means the employee moves from probationary to permanent status, often triggering changes such as:

 

• Longer notice periods (as set out in the contract)
• Access to additional contractual benefits (e.g. private healthcare, enhanced leave)
• Full inclusion in performance appraisal processes

 

Confirmation should be communicated formally in writing, ideally in a confirmation of successful probation letter, and retained on file.

Employers should also take this opportunity to:

 

• Set future objectives or KPIs
• Provide feedback and career development pointers
• Confirm any changes to terms (if applicable)

 

2. Extension of the Probationary Period

 

If the employee shows potential but has not fully met expectations, an extension of the probationary period may be considered — but only if the employment contract explicitly allows for this. Extending probation without a contractual right to do so may result in the employee being deemed confirmed by default.

Common reasons for extension include:

 

• Absence during probation (e.g. due to sickness or leave)
• Mixed or borderline performance
• Need for more time to assess suitability in a complex role

 

Key considerations when extending probation:

 

• Provide clear, written reasons for the extension
• Set out specific goals to be met during the extension
• Define the length of the extension (e.g. an additional 1–3 months)
• Schedule a follow-up review meeting in advance

 

A formal extension letter should be issued, and the employee should be made aware that failure to meet objectives may result in termination.

 

3. Termination of Employment

 

Where the employee has failed to meet required standards and there is no reasonable prospect of improvement, the employer may decide to terminate employment at the end of the probation period.

Key legal considerations include:

 

• Providing contractual or statutory notice, whichever is greater
• Following a fair process: even though the employee may not qualify for unfair dismissal protection, a basic process (review meeting, explanation of concerns, opportunity to respond) should still be followed
• Avoiding discriminatory or retaliatory reasons for dismissal — which are unlawful from day one

 

A written outcome letter should set out the decision, the employee’s final working day, and any arrangements for pay in lieu of notice or accrued holiday.

In some cases, particularly where there is a risk of legal challenge, it may be appropriate to offer termination by mutual agreement or to seek legal advice prior to dismissal.

 

Section E: Common Mistakes to Avoid

 

While probationary reviews are a routine part of employment management, they are also a common source of legal and procedural error. Employers may underestimate the importance of process during this early employment stage, wrongly assuming that legal obligations are reduced or that risks are minimal.

In practice, the way probation is handled can, therefore, have lasting implications for employee relations, compliance and even litigation exposure. Below are frequent mistakes that employers should actively avoid.

 

Table: Common Mistakes vs Best Practices

Common Mistake
Best Practice Alternative
Missing review dates
Diarise probation deadlines at onboarding
No feedback or objectives
Set clear goals and provide structured feedback regularly
Assuming fewer legal risks
Apply a fair, documented process even for short-service employees
Extending probation without contract clause
Include clear extension rights in the employment contract

 

1. Failing to Diarise Review Dates

 

One of the most frequent — and easily avoidable — mistakes is missing the probation review deadline. If a probation period expires without a formal review or decision, the employee may be deemed to have been confirmed by default and the employee may reasonably assume their position is secure. This can have the effect of weakening the employer’s legal and practical position, making it much harder to manage underperformance or terminate employment on the original, more favourable terms (e.g. shorter notice).

 

2. Not Providing Feedback or Objectives

 

Another common issue is neglecting to provide meaningful feedback or set clear expectations during the probation period. Employees cannot reasonably be expected to meet standards that are undefined or poorly communicated. This not only increases the risk of performance issues but also creates procedural unfairness, particularly if the employee is dismissed without warning.

 

3. Assuming Fewer Legal Risks

 

Some employers wrongly believe that employees on probation can be dismissed “at will” with little to no process. While probationary employees do not qualify for unfair dismissal protection until two years’ service, they still have:

 

• Statutory rights (e.g. notice pay, protection from discrimination)
• Contractual rights (e.g. agreed notice periods, procedural entitlements)
• Access to tribunal claims for issues such as discrimination, whistleblowing, or breach of contract

 

4. Extending Probation Without Express Contractual Right

 

Employers may seek to extend a probationary period when unsure about an employee’s suitability. However, doing so without an express contractual right to extend can result in legal and procedural complications. Without such a clause, the probation period may be considered complete, meaning any extension is unenforceable and the employee’s status may have already changed.

If there is no provision within the contract allowing the employer to extend the probation period, an extension should only be pursued with the employee’s written agreement, and legal advice may be required.

 

Section F: Probation Review Best Practices

 

To manage probationary periods effectively and lawfully, employers should implement a structured and consistent approach that aligns with both business objectives and employment law. Strong policies, fair processes, and clear documentation are essential for reducing legal risk, supporting employee performance, and ensuring that probation decisions are defensible.

 

1. Clear Written Policies and Contract Terms

 

Start with a strong contractual foundation. Every employment contract should include a clearly worded probation clause that defines:

 

• The length of the probation period
• The right to extend the probation and on what grounds
• The notice period applicable during probation
• The employer’s discretion in handling underperformance

 

In addition, the organisation should have an internal HR policy or staff handbook section that outlines:

 

• The purpose of probation
• The process for conducting reviews
• The potential outcomes and associated timeframes

 

Clarity in documentation prevents ambiguity and ensures that expectations are set from day one.

 

2. Consistency

 

Inconsistent treatment of probationary employees can create claims of unfairness or even discrimination. Applying the same review process across roles and departments — with appropriate proportional adjustments for seniority — ensures transparency and defensibility.

Best practice includes:

 

• Standardising review timelines, such as midpoint and final reviews
• Using uniform review forms to evaluate performance
• Applying the same criteria and expectations for comparable roles

 

3. Regular Feedback and Performance Tracking

 

Probation should not be a passive period. Ongoing feedback and performance discussions help employees understand what’s going well and where they need to improve — long before the final review. A lack of regular communication increases the risk of underperformance and makes dismissal more legally and ethically fraught.

Practical steps include:

 

• Schedule regular one-to-ones during probation
• Keep brief written records of any concerns raised or progress noted
• Ensure that any issues are flagged early, with reasonable support or guidance provided

 

If the probation ultimately fails, records of these conversations serve as critical evidence of a fair and supportive approach.

 

4. Review Templates and Outcome Letters

 

To maintain quality and compliance, HR should use standardised templates for:

 

• Probation review forms — covering performance, conduct, attendance, and future potential
• Meeting scripts or agendas — to ensure key points are addressed
• Outcome letters — confirming successful completion, extension, or termination

 

Using templates ensures that key legal and procedural elements are not missed, and that the process is documented consistently. Templates also provide a clear audit trail if decisions are ever challenged, internally or externally.

Templates should be tailored to reflect the following:

 

• The organisation’s tone and culture
• The seniority of the role
• Any specific performance criteria relevant to the job

 

Section G: How the Employment Rights Bill May Affect Probationary Reviews

 

Although probationary periods are a well-established feature of UK employment practice, the Employment Rights Bill signals a shift toward strengthening worker protections, even in the earliest stages of employment. While the full legislative details and implementation timeline remain subject to parliamentary scrutiny, several anticipated reforms may have a direct or indirect impact on how probationary reviews are structured, managed, and actioned.

 

1. Strengthened Day-One Rights

 

One of the headline reforms proposed under the Employment Rights Bill is the expansion of day-one rights for employees. Currently, probationary employees already have immediate protection from discrimination and certain automatic unfair dismissals (e.g. for whistleblowing or asserting statutory rights). The Bill could extend these protections to cover:

 

• Greater clarity and security in contractual terms of employment
• Enhanced rights around predictable work patterns (especially relevant to casual or variable-hour roles)

 

HR teams will need to assess how these enhanced rights interact with the probation process — particularly when making decisions that affect working hours, contract variation, or flexible work requests. Dismissing an employee for requesting a contractual change could carry greater legal risk under the new framework.

 

2. Mandatory Contract Transparency and Probation Terms

 

The Bill is expected to place greater emphasis on transparency of employment terms, including clearer information about probationary conditions.

Employers may be required to:

 

• Clearly specify the duration and conditions of probation in written statements of terms
• Provide justification for any extensions
• Give employees greater access to information about review processes and outcomes

 

Contracts and HR policies may need to be updated to ensure they meet the enhanced transparency standards. Poorly drafted or ambiguous probation clauses could become more legally vulnerable, especially if challenged by early-stage employees.

 

3. Procedural Fairness and Short-Service Dismissals

 

Although unfair dismissal rights currently require two years’ service, there is increasing political and judicial pressure to promote procedural fairness even for short-service employees — particularly where dismissal appears arbitrary, inconsistent, or linked to protected characteristics.

The Employment Rights Bill could:

 

• Encourage tribunals to scrutinise dismissal processes more closely, even where employees lack unfair dismissal protection
• Require employers to provide more formal justification for early terminations
• Emphasise reasonable and fair treatment during all stages of the employment relationship

 

Employers should expect higher expectations around the quality and documentation of probation reviews. This includes properly structured meetings, written records of performance concerns, and clear evidence that the employee was given a fair opportunity to succeed.

 

4. Protection for Vulnerable Worker Categories

 

The Bill is also likely to include specific protections for vulnerable workers, such as those on insecure contracts, zero-hours arrangements, or in lower-paid roles. Although probation is common in such roles, employers will need to be careful about the following:

 

• Misusing probation to delay or avoid benefits
• Applying probation inconsistently across different worker categories
• Dismissing under the guise of probation where the real reason is based on protected characteristics or economic vulnerability

 

Policies may need to be audited for indirect discrimination risks, particularly where the probation process is used to disproportionately impact protected or economically vulnerable groups.

 

5. Key Takeaways for Employers

 

If passed, the Employment Rights Bill will likely raise the legal and procedural bar for how probation is managed. Employers should prepare by:

 

• Auditing existing employment contracts to ensure probation clauses are clear, lawful, and adaptable
• Standardising review procedures and documentation across roles and departments
• Training line managers on handling probation decisions fairly and within the evolving legal framework
• Recording objective criteria for decisions to extend or terminate during probation
• Keeping abreast of legislative updates to ensure ongoing compliance

 

Section H: Conclusion

 

Probationary reviews offer employers the opportunity to assess new hires in a formal and legally compliant manner. While probation periods have no special status under UK employment law, the processes and decisions surrounding them carry significant legal and operational weight.

Handled correctly, probationary reviews can support high standards, ensure cultural fit and reduce the risk of poor hires becoming long-term liabilities. But when managed poorly — through missed deadlines, vague feedback, or unlawful terminations — they can quickly escalate into legal disputes or reputational damage.

For HR teams, legal advisers, and business owners, the key lies in clarity and consistency to protect your organisation from unnecessary risk and strengthen your overall approach to people management.

 

Section I: Probationary Review FAQs

 

Is a probation period a legal requirement in the UK?
There is no statutory requirement to include a probation period in UK employment contracts. However, it is a widely used contractual tool to assess suitability for the role before confirming permanent employment.

 

Do employees on probation have any legal rights?
Employees on probation are still entitled to statutory rights, including protection from discrimination, statutory notice after one month of service, holiday entitlement, and protections related to whistleblowing and unlawful deductions from wages.

 

Can we dismiss someone on probation without a formal process?
Not entirely. While employees under two years’ service cannot normally claim unfair dismissal, employers should still follow a basic fair process — including a review meeting and the opportunity to respond. Failure to do so may expose the employer to breach of contract or discrimination claims.

 

Can a probationary period be extended?
Only if the employment contract or offer letter expressly allows for an extension. Extending probation without a contractual right may be unenforceable and could imply that the employee has already been confirmed in post.

 

What happens if we forget to carry out the probationary review?
If no action is taken by the end of the probation period, the employee may be deemed to have passed probation by default, particularly if they continue in the role without issue. Employers should diarise review dates to avoid this.

 

Is a probation review meeting mandatory?
While not a legal requirement, a formal review meeting is strongly recommended to assess performance fairly and to document the employer’s decision. This meeting supports legal defensibility and good HR practice.

 

What notice is required to terminate during probation?
Employers must give at least statutory notice of one week once the employee has completed one month’s service — or longer if a contractual notice period applies. Terminating without notice may amount to wrongful dismissal.

 

Can an employee bring a claim if dismissed during probation?

Only for claims they are eligible to bring, such as:

• Discrimination under the Equality Act 2010
• Breach of contract or wrongful dismissal
• Automatic unfair dismissal (e.g. for whistleblowing or asserting statutory rights)

They cannot usually bring a claim for ordinary unfair dismissal unless they have two years’ service.

 

Should we keep records of the probation process?
Yes, proper documentation supports fairness, consistency, and legal defence in case of a dispute.

 

What if the employee requests flexible working during probation?
Under proposed reforms (such as those in the Employment Rights Bill), employees may soon have a day-one right to request flexible working. Employers should handle such requests carefully and not penalise employees for making them, as doing so may be considered discriminatory or procedurally unfair.

 

Section J: Glossary

 

Term
Definition
Probationary Period
A defined period at the start of employment during which the employer assesses the employee’s suitability for the role.
Probationary Review
A formal assessment, usually at the end of the probation period, used to decide whether to confirm, extend, or terminate the employee’s contract.
Confirmation of Employment
The act of formally ending probation and recognising the employee as a permanent member of staff.
Extension of Probation
A contractual provision allowing the employer to extend the probationary period, typically to provide more time for assessment or improvement.
Termination of Employment
Ending the employment relationship, typically due to poor performance, conduct, or failure to meet expectations during probation.
Statutory Notice
The minimum notice period an employer must give under the Employment Rights Act 1996 — usually one week after one month’s service.
Wrongful Dismissal
Termination of employment in breach of the contract, such as failing to give the required notice.
Unfair Dismissal
A statutory claim available after two years’ service, where the dismissal is procedurally or substantively unfair.
Discrimination
Unfavourable treatment based on protected characteristics (e.g. race, sex, disability) — prohibited from day one under the Equality Act 2010.
Protected Characteristics
Attributes protected under the Equality Act 2010, such as age, race, sex, disability, religion or belief, sexual orientation, and others.
Good Work Plan
A UK government policy initiative aimed at improving working conditions, transparency, and fairness in the labour market.
Employment Rights Bill
A proposed legislative package that aims to strengthen employment protections, including day-one rights and procedural transparency.
Day-One Rights
Statutory rights that apply from the first day of employment, such as protection from discrimination and, potentially, the right to request flexible working.
Review Outcome Letter
A formal written document confirming the result of the probationary review — typically confirming employment, extending probation, or ending employment.

 

Section K: Additional Resources

 

ACAS – Advisory, Conciliation and Arbitration Service
Guidance on managing probation periods fairly and effectively.
https://www.acas.org.uk/probation-periods

 

GOV.UK – Employment Contracts
Official UK government information on what must be included in an employment contract, including probation clauses.
https://www.gov.uk/employment-contracts-and-conditions

 

CIPD – Chartered Institute of Personnel and Development
In-depth guidance on probationary periods, performance management, and employment law considerations (some content requires membership).
https://www.cipd.org/uk/knowledge/guides/probationary-periods-factsheet/

 

Probation Period Guidance
This article offers comprehensive advice on conducting probation period reviews, including suggested timelines for informal meetings and steps to take when a probation period ends.
https://www.hrhype.co.uk/probation-period/

 

Employee Rights During Probation
This guide focuses on managing probationary periods in the context of employees’ statutory and contractual rights, covering topics such as setting targets and addressing performance issues.
https://www.hrhype.co.uk/employee-rights-during-probation/

 

Dismissal for Poor Performance: Steps to Take
This article outlines the process for dismissing an employee due to poor performance, including considerations during the probation period and the importance of following fair procedures.
https://www.hrhype.co.uk/dismiss-for-poor-performance/

 

A Guide to Permanent Contracts for Employers
This resource discusses key elements of permanent employment contracts, including the role and implications of probationary periods.
https://www.hrhype.co.uk/permanent-contract/

 

Employment Contracts for Employers: A Guide
This guide provides detailed information on drafting employment contracts, with sections addressing the inclusion and management of probationary periods.
https://www.hrhype.co.uk/employment-contract/

 

Unfair Dismissal: Employer Guide
This comprehensive guide explains the legal framework surrounding unfair dismissal, including the risks associated with terminating employment, even during probation periods.
https://www.lawble.co.uk/unfair-dismissal-claim/

 

Employment Contracts: Legal Essentials
This article offers detailed guidance on creating robust employment contracts, emphasising the inclusion of probation clauses and ensuring legal compliance.
https://www.lawble.co.uk/contract-of-employment/

 

Author

Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.

Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.

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