On probation? Your rights, reviews and the 6-month rule

What probation is

A probation period is a trial at the start of a job, often 3 to 6 months. It's set by your contract, not by law, so check your contract or the probation policy for how long it lasts, whether it can be extended, and the notice during it.

Most of your employment rights apply from your first day, probation or not: the minimum wage, holiday, sick pay, rest breaks and protection from discrimination. The main one that waits is unfair dismissal, which needs 6 months' service from 1 January 2027.

What should happen

• You should be told what's expected of you, ideally as clear objectives in writing.
• You should have regular reviews, often one around halfway and one before the end.
• If there are concerns, you should hear about them early, with examples, and be given support and time to improve.
• At the end, your employer should write to tell you whether you've passed.

If you have a disability, or your health is affecting your work, you can ask for reasonable adjustments. If you're pregnant, tell your employer when you're ready: dismissing you because of pregnancy is unlawful at any stage.

If it's extended, or you don't pass

Your employer can usually extend probation only if your contract allows it, or if you agree. They should tell you why, what needs to improve, and the new end date.

If you don't pass, your employment will usually end with the notice in your contract. That's at least 1 week once you've worked for a month. Ask for the reasons in writing, and use any appeal your employer offers.

You can ask to bring a colleague or union representative to a meeting where your job may end. Many employers allow it, and some policies say you can.

The 6-month rule from 1 January 2027

From 1 January 2027, you can claim unfair dismissal once you have 6 months' service, instead of 2 years. If you already have 6 months' service on that date, you're protected from that day.

Your service is counted up to the day your employment ends, and the week of statutory notice is added if you weren't given it. So if your job ends shortly before you reach 6 months, it's worth checking the dates.

Some dismissals are unlawful however short your service: because of pregnancy or maternity leave, whistleblowing, raising a health and safety concern, asking for a legal right such as the minimum wage or flexible working, being in a union, or discrimination. Tribunal time limits are short, so get advice quickly.