How to Manage Probationary Periods
Simply-docs provides a comprehensive package of professionally drafted documents, fully editable, for the effective management of the probationary process.
What is a probationary period?
The probationary period is, essentially, a trial period in the new role, which allows the line manager and employee to assess objectively if the employee is a good ‘fit’ for the role. Although there is no legal requirement to have a probationary period, using probationary periods effectively means that a formal mechanism is in place to ensure that any concerns about the employee’s conduct or capability can be addressed at an early stage.
During the probationary period, employees may have certain different entitlements from those on permanent contracts (e.g. in respect of contractual sick pay or notice periods).
How long should the probationary period last?
A probationary period should typically last three to six months.
The line manager should have regular progress meetings with the new employee during the course of the probationary period and then a final review meeting at which the employee will be confirmed in post, the probationary period will be extended or employment will be terminated. This sub-folder includes a policy, guidance notes and various letters to cover all of these courses of action.
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Frequently Asked Questions
Do I have to give a new employee a probationary period? +
No legal requirement exists for a probationary period in an employment contract. Many employers use one because it creates a formal mechanism for assessing conduct and capability early and lets both parties decide whether the role fits. If you do, its length, conditions and any right to extend must be set out in the written statement of employment particulars, a day-one right under the Employment Rights Act 1996. The Simply-Docs Probationary Periods Policy and Guidance Notes in this sub-folder help you put that framework in place.
How long should a probationary period last, and can I extend it? +
There is no statutory maximum or minimum. Three to six months is the most common duration in England and Wales and gives both sides enough time to assess suitability. You can extend a probationary period, but only if the employment contract expressly gives you that right. An extension should normally be agreed before the original period expires, set out in writing with clear objectives and a defined end date. The Simply-Docs Extension of Probationary Period Letter and the companion letter for extension due to absence both cover this situation.
What rights does an employee have during their probationary period? +
All statutory employment rights apply from day one regardless of probationary status: the National Minimum Wage, paid holiday under the Working Time Regulations 1998, statutory sick pay (if eligible), protection from unlawful discrimination under the Equality Act 2010 and protection against automatically unfair dismissal (for example for whistleblowing or raising health and safety concerns). Employees with fewer than two years' continuous service cannot bring an ordinary unfair dismissal claim, though from 1 January 2027 the Employment Rights Act 2025 reduces that qualifying period to six months. Contractual entitlements such as enhanced sick pay or longer notice may differ during probation if the contract says so.
Can I dismiss an employee at the end of their probationary period, and what process do I need to follow? +
Yes, if you follow a fair and documented process. You can dismiss an employee whose performance or conduct has not met the required standard. Give the contractual notice period, or the statutory minimum of one week after one month's service if the contract does not specify a shorter period during probation. Dismissal must not be for a discriminatory or automatically unfair reason, as these protections apply from day one regardless of service length. Hold a meeting, explain your concerns, allow the employee to respond and confirm the outcome in writing. From 1 January 2027, employees with six months' service will be able to bring ordinary unfair dismissal claims, so structured probation management matters. The Simply-Docs Dismissal at End of Probationary Period Letter supports this process.
What documents do I need to manage a probationary period properly? +
Manage probation with a written policy explaining how it works, regular review meetings using a structured form to record progress, and letters for each outcome: confirmation in post, extension or dismissal. A separate letter confirming a fresh probationary period is advisable where an employee is promoted or transferred. This sub-folder provides all of these: a Probationary Periods Policy, Guidance Notes, a Review Form, a Confirmation of Employment and End of Probationary Period Letter, an Extension of Probationary Period Letter, a Dismissal at End of Probationary Period Letter, a Letter Confirming a Probationary Period Following a Transfer or Promotion, a Letter extending probationary period because of high level of absence and a Letter inviting the employee to a probationary review meeting.
An employee on probation has been absent a lot. Can I extend their probation period because of absence? +
Extend probation only where the contract gives you an express right, and high absence can be a legitimate reason if it has genuinely prevented a fair assessment of suitability. Be careful: where absence is linked to a disability, extending solely on that basis could amount to disability discrimination under the Equality Act 2010, and reasonable adjustments may be required. Document your reasons, set objectives and confirm the terms in writing. Use the Simply-Docs Letter extending probationary period because of high level of absence.
