Do I have any rights during my probation period?

Yes — almost all of them. Probation has no special legal status in the UK: it's a clause in your contract, not a separate legal regime. Your statutory day-one rights apply from your first shift regardless of any probation clause — the National Minimum Wage, paid holiday accruing from day one (5.6 weeks a year pro rata), Statutory Sick Pay from the first day you're off sick (since the April 2026 reform), an itemised payslip, rest breaks and working-time limits, protection from discrimination under the Equality Act 2010 (which applies even at the job-application stage), and protection from the 'automatically unfair' dismissal reasons like whistleblowing, pregnancy or asserting a statutory right. What probation typically changes is contractual: usually a shorter notice period and more frequent reviews. That's it.

Can my employer dismiss me during probation?

Currently, more easily than after two years — but not freely. An ordinary unfair-dismissal claim currently needs 2 years' continuous service, so during probation an employer can usually dismiss for poor performance or fit without the full process a longer-serving employee would get — provided they give the correct notice (at least the statutory 1 week once you've worked a month) and follow basic fairness (ACAS advises telling you the concerns, holding a meeting you can be accompanied at, and confirming the outcome in writing). What they can never lawfully do, even on day one: dismiss you for a discriminatory reason (pregnancy, disability, race, sex, age, religion, sexual orientation and the other protected characteristics) or an automatically-unfair reason (whistleblowing, asserting a statutory right, trade-union activity, health-and-safety complaints). Those claims need no service at all. And from 1 January 2027 the Employment Rights Act 2025 cuts the 2-year qualifying period to 6 months.

What notice am I entitled to during probation?

In your first month, only whatever your contract says — there's no statutory minimum yet, and some contracts allow very short or even no notice in month one. Once you've been employed for one month or more, the statutory minimum of 1 week applies in both directions, and no probation clause can undercut it: if your contract says less than a week after a month's service, the statutory week wins. Contracts commonly set 1 week's notice during probation and a longer period (often a month) once you pass — that's lawful, because it's at or above the statutory floor. If you're dismissed without the notice (or pay in lieu) you're owed, that's a breach of contract — 'wrongful dismissal' — which you can claim from day one, no service requirement.

Can my employer extend my probation?

Only if your contract allows it — an extension is a contractual step, not a legal power employers automatically have. Good practice (and what a tribunal would expect to see): the contract reserves the right to extend, the extension is confirmed in writing BEFORE the original probation ends, it gives clear reasons, sets out exactly what you need to demonstrate, and fixes a review date. An extension letter that arrives after your probation has already expired is on shaky ground — arguably you've passed by default under many contracts. If you're extended, ask for the specific concerns and the support (training, check-ins) that will let you meet them, and keep copies of everything.

I was dismissed during probation — is there anything I can do?

Check three doors before assuming there's nothing. First: was the real reason discriminatory or automatically unfair? Dismissal because of pregnancy, disability (including not making reasonable adjustments), race, sex or another protected characteristic, or because you blew the whistle, asserted a statutory right, or raised health-and-safety concerns, is claimable from DAY ONE — no service requirement — at an employment tribunal, with a strict deadline of 3 months less a day from dismissal (start ACAS early conciliation first, it's required and free). Second: were you paid your full notice and accrued holiday? If not, that's wrongful dismissal / unlawful deductions — also day-one claims. Third: from 1 January 2027, ordinary unfair-dismissal protection starts at 6 months' service under the Employment Rights Act 2025. Free advice: ACAS on 0300 123 1100, or Citizens Advice.

Probation periods: your rights & what employers can and can’t do

What probation really is — a contract clause, not a legal state

Search UK employment law for “probation period” and you will find almost nothing — because Parliament has never defined one. ACAS puts it plainly: probation is something employers choose to put in the contract, typically lasting three to six months, as a structured trial with reviews at the end. It is a management device, and a perfectly sensible one. What it is not is a switch that turns your employment rights off.

In practice, a probation clause usually does three things — all contractual:

Sets a shorter notice period while you’re on probation (commonly one week), rising to something longer — often a month — once you pass. Lawful, provided it never dips below the statutory floor below.
Schedules reviews — check-ins where both sides say how it’s going, concerns get raised early, and passing is confirmed.
Sometimes delays contractual extras — enhanced (company) sick pay, private health cover or other perks above the legal minimum can lawfully be held back until you pass, because they were never statutory rights in the first place. The statutory versions cannot be.

Probation is a two-way streetYou are assessing them just as much as they are assessing you — and the short notice period cuts both ways. If the job was missold, the culture is toxic or a better offer lands, you can usually leave on a week’s notice instead of being locked in for a month or more. Use the reviews in both directions: ask about workload, training and what “passing” looks like. A good employer will respect it; a bad one answering badly is information too.

Your rights during probation — day one vs two years

The honest split. Everything in the first column applies in full during probation — no probation clause, handbook or manager can switch it off. The second column is the short list that genuinely does depend on service:

Yours from day one — probation or not	Needs service first
National Minimum / Living Wage — there is no lawful “probation rate” below it. Underpaid? See underpaid wages.	Statutory notice starts after 1 month’s service — then at least 1 week, both ways.
Paid holiday — 5.6 weeks a year pro rata, accruing from your first day and paid out if you leave, however short the stay. See holiday entitlement.	Ordinary unfair dismissal — currently 2 years’ continuous service (dropping to 6 months from 1 Jan 2027 — see below).
Statutory Sick Pay from day one of sickness — since April 2026 there are no waiting days and no lower earnings limit. See SSP.	Statutory redundancy pay — 2 years’ service.
Discrimination protection (Equality Act 2010) — applies from day one, and in fact before it: even the job application and interview are covered.	Some family-pay entitlements — e.g. statutory maternity/paternity pay carry service and earnings tests (the leave rights are broader).
The automatically-unfair grounds — dismissal for whistleblowing, pregnancy or maternity, asserting a statutory right, union activity or raising health-and-safety concerns is claimable with no service at all.	Contractual extras — company sick pay, perks and benefits above the legal minimum can be conditional on passing probation.
Itemised payslip, rest breaks, working-time limits, written statement of particulars — all day one.

Notice deserves one careful paragraph, because probation clauses live and die on it. In your first month, only the contract governs notice — there is no statutory minimum yet, and some contracts lawfully allow very short or no notice in month one. From one month’s service onwards, the statutory minimum of one week applies in both directions — and it overrides anything shorter in the contract. A “one week’s notice during probation” clause is therefore fine; a “no notice during your six-month probation” clause stops being enforceable the day you complete month one. The full rules — including what happens to notice pay and garden leave — are on our notice period guide.

Dismissal during probation — what the law actually allows

Here is the uncomfortable truth, stated straight: because an ordinary unfair dismissal claim currently needs 2 years’ continuous service, an employer can currently end a probationer’s employment for poor performance, attendance or “fit” without the full disciplinary machinery a longer-serving employee would get. That is why probation clauses exist at all. But “easier” is not “anything goes” — four rules still bind them:

Correct notice, always. At least the contractual notice — and at least the statutory week once you’ve worked a month — or pay in lieu. Skipping it is wrongful dismissal (breach of contract), claimable from day one.
Accrued holiday must be paid out with the final pay, however short the employment.
Basic fairness. ACAS guidance expects even a probation dismissal to be handled properly: tell you the concerns, hold a meeting (and allow you to be accompanied where it could end in dismissal), and confirm the decision in writing. Falling short of this is not automatically a claim at 2 months’ service — but it is exactly the sloppiness that loses employers the day-one claims below.
Never for a protected reason. The 2-year rule protects employers from ordinary unfairness arguments only. It gives no cover at all against discrimination or the automatically-unfair grounds — those apply from your first minute.

Two more honest notes. Failing probation is not misconduct — it means the match didn’t work, nothing more; on a reference, most employers confirm only dates and job title anyway, and any reference that is given must be accurate and fair. And a dismissal at the end of probation follows exactly the same rules as one during it — there is no magic in the end date, only in your length of service.

Coming change — 1 January 2027The Employment Rights Act 2025 cuts the ordinary unfair-dismissal qualifying period from 2 years to 6 months from 1 January 2027 (anyone with 6+ months’ service on that date is protected from that date), and removes the cap on compensatory awards. Worth knowing the history: the Bill as first introduced would have made unfair dismissal a day-one right, softened by a statutory probation period (an “initial period of employment”, expected to be around 9 months, with a lighter-touch dismissal process). That version did not survive — the day-one right and the statutory probation concept were dropped during the Bill’s passage, and the final Act settled on the 6-month qualifying period instead. So probation stays purely contractual; from 2027 it simply has to fit inside a much shorter window before full protection begins. None of this is in force yet — until 1 January 2027 the 2-year rule stands.

Extending probation — only if the contract allows, only before it ends

“We’re extending your probation by three months” is common — and often done badly. The rules:

Extension is a contractual step. An employer can only extend probation if the contract (or a term you agree to) reserves the right. There is no free-floating legal power to extend.
It must happen before the original probation expires. ACAS and standard employment practice are clear: confirm the extension before the end date. Under many contracts, silence past the end date means you have passed by default — if an “extension” letter arrives after your probation already ended, question it.
It should be specific. In writing, with the reasons, the exact improvement expected, the support you’ll get (training, supervision, check-ins), the new end date and a review date. A vague “we need more time” helps nobody — ask for the specifics.
Your terms during the extension stay as the contract says — typically the probationary notice period continues. Statutory rights are unaffected either way.

Get the probation terms in writing — all four of themBefore you sign (or in week one), find these in the contract: how long probation lasts · what notice applies during it · whether it can be extended, and by how much · when reviews happen. You are entitled to a written statement of your main terms from day one, so if any of the four is missing, ask in writing. Then diary the end date — quietly drifting past it matters (see above), and so does an employer “discovering” at month five that there were concerns nobody ever put to you. A letter you don’t understand? Put it through Decode.

If it goes wrong — the claims that need no service at all

Dismissed during probation and something smells off? Work through this list — every route on it is open from day one, no qualifying period:

Discrimination — the dismissal (or the treatment leading to it) was because of pregnancy or maternity, disability — including a failure to make reasonable adjustments before judging your performance — race, sex, age, religion or belief, sexual orientation, gender reassignment, or marriage/civil partnership. Equality Act 2010, day one — and uncapped compensation.
Automatically unfair dismissal — dismissed for blowing the whistle, asserting a statutory right (asking for the minimum wage, a payslip, your holiday), trade-union membership or activity, or raising health-and-safety concerns. No service requirement.
Wrongful dismissal — you weren’t given the notice (or full pay in lieu) your contract and the statutory minimum require. Breach of contract, day one.
Unlawful deductions — final pay missing accrued holiday, worked hours or owed expenses. Day one.

Day-one claims, 3-month deadline — move fastIf the real reason you were dismissed was pregnancy, whistleblowing, discrimination or asserting your rights, the 2-year rule is irrelevant — you can claim from day one. But the tribunal deadline is brutal: 3 months less a day from the dismissal, and you must start free ACAS early conciliation before a claim can be lodged. Don’t wait for an internal appeal to conclude — the clock doesn’t. The full route, step by step, is on our employment tribunal guide; free advice from ACAS on 0300 123 1100 or Citizens Advice.

Starting a job on probation, step by step

Read the probation clause before you sign — length, notice, extension rights, review dates. Ask in writing for anything missing.
Diary the end date and every review. Ask for feedback in writing and keep copies — calm evidence beats memory if anything is later disputed.
Raise problems early, in writing — workload, training gaps, health conditions needing adjustments. An employer who never heard a concern can’t fix it; one who heard it and dismissed you anyway has handed you evidence.
If extended: check the contract allows it, that it was confirmed before the original end date, and that it names the specifics and the support.
If dismissed: check notice pay and holiday pay first, then the day-one claim list above — and call ACAS before the 3-month window closes.

Do this now

Ten minutes tonight: open your contract and diary two dates. Find the probation clause and write down (1) the exact end date of your probation and (2) every review date it mentions — then put both in your phone calendar with a reminder a week before. Keep a copy of every review note, email and bit of feedback in one folder from today. That one habit is the difference between “my word against theirs” and a dated paper trail — whichever way probation goes.

Got a letter about your job you don’t understand? Put it through Decode. This is general information, not legal advice — for free, expert help call ACAS on 0300 123 1100 (Mon–Fri 8am–6pm) or Citizens Advice.

Related guides — work & your rights

Notice periods Unfair dismissal Disciplinary at work Employment tribunal Employment rights hub

Source verification Primary sources: ACAS — Probation periods (probation has no separate legal status — it is a contractual arrangement, typically 3–6 months; statutory day-one rights apply throughout; extensions should be confirmed before the original period ends; fair-treatment expectations for probation dismissals incl. telling the employee the concerns, a meeting with accompaniment, and written confirmation), cross-checked against GOV.UK notice guidance and employment-law practice guides. Last verified 5 July 2026. Day-one rights during probation (confidence High, consistent with our own verified guides): National Minimum Wage; 5.6 weeks’ pro-rata holiday accruing from day one and paid out on leaving (/holiday-entitlement); Statutory Sick Pay from day one of sickness with no waiting days and no lower earnings limit since 6 Apr 2026 (/statutory-sick-pay); itemised payslip, rest breaks, working-time limits, day-one written statement of particulars; Equality Act 2010 discrimination protection from day one including the application stage; automatically-unfair dismissal grounds (whistleblowing, pregnancy/maternity, asserting a statutory right, union activity, health & safety) claimable with no qualifying period. Notice (confidence High): no statutory minimum in the first month (contract governs); from 1 month’s service, statutory minimum 1 week each way (Employment Rights Act 1996 s.86), overriding any shorter probation clause — consistent with /notice-period. Dismissal (confidence High): ordinary unfair dismissal currently requires 2 years’ continuous service, so probation dismissals need correct notice + accrued holiday + non-discriminatory reason, with ACAS fair-process expectations stated as good practice rather than a standalone claim; wrongful dismissal (unpaid notice) and unlawful deductions are day-one contract claims; tribunal deadline 3 months less a day via ACAS early conciliation (consistent with /employment-tribunal). Coming change (confidence High, stated as not in force): Employment Rights Act 2025 — ordinary qualifying period cut from 2 years to 6 months from 1 January 2027 + compensatory cap removed (consistent with /unfair-dismissal); the Bill’s original day-one right with a statutory “initial period of employment” (expected ~9 months, lighter-touch process) was dropped during passage and does not appear in the final Act — verified against ACAS’s ERA 2025 guidance and multiple law-firm analyses (Brodies, VWV, Wilsons, CMS). Qualitative by design: typical probation lengths (“3–6 months”), reference practice (most employers confirm dates and role only; any reference given must be accurate and fair), and contractual-extras variation — these are practice, not statute. Scope: Great Britain (Northern Ireland has its own employment framework via nidirect and the Labour Relations Agency; the ERA 2025 changes are GB). Not legal advice — free help from ACAS on 0300 123 1100 and Citizens Advice.

Probation periods — common questions

Do I have any rights during probation?

Almost all of them. Probation is a contract clause, not a legal state — your day-one statutory rights apply in full: minimum wage, holiday accruing from your first shift, sick pay from day one, an itemised payslip, rest breaks, discrimination protection (which covers even the application stage) and the automatically-unfair dismissal grounds. What probation typically changes is the notice period and the review schedule — contractual matters, nothing more.

Can I be sacked during probation for no reason?

More easily than after two years, but not lawlessly. Because ordinary unfair dismissal currently needs 2 years’ service, an employer can dismiss a probationer for performance or fit with a light process — but they must give correct notice (at least the statutory week after a month’s service), pay out accrued holiday, and the reason must not be discriminatory or automatically unfair. Those protections apply from day one — and from 1 January 2027 ordinary protection starts at just 6 months’ service.

What notice do I get during probation?

First month: whatever the contract says (no statutory minimum yet). After one month’s service: at least 1 week, both ways, whatever the probation clause says — the statutory minimum overrides anything shorter. Contracts commonly set a week during probation and a month after passing, which is lawful. Dismissed without your notice or pay in lieu? That’s wrongful dismissal — claimable from day one. Full detail on our notice period guide.

Can my probation be extended?

Only if your contract reserves the right — and the extension should be confirmed in writing before the original probation ends, with reasons, the specific improvement expected, the support offered and a new review date. An extension announced after the end date has already passed is questionable: under many contracts you have passed by default. Ask for the specifics and keep copies of everything.

I failed probation — will it ruin my references and can I challenge it?

Failing probation is not misconduct — it means the match didn’t work. Most employers confirm only dates and job title in references, and any fuller reference must be accurate and fair. Challenge-wise: check you received full notice pay and accrued holiday (day-one claims if not), and ask honestly whether the real reason was pregnancy, disability, whistleblowing or asserting a right — those are day-one tribunal claims with a 3-months-less-a-day deadline via ACAS early conciliation. Free advice: ACAS 0300 123 1100.

Sources: Probation status, reviews, extensions & dismissal practice · ACAS — Probation periods · ACAS — Employment Rights Act 2025 · GOV.UK — Handing in your notice · GOV.UK — Dismissal: your rights · Employment Rights Act 1996 s.86 (statutory notice) · Equality Act 2010. SortedUK is not a law firm and this is general information, not legal advice. Free help: ACAS 0300 123 1100 · Citizens Advice. Last reviewed: 5 July 2026.

Probation periods — your rights, and what employers can and can’t do