Probationary period policy template

UK employment law and best practice

This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.

A probationary period is not a separate legal status that removes an employee's employment rights. Employees are protected by applicable employment legislation from the start of employment, although some statutory rights have qualifying periods or specific eligibility requirements.

Employment rights

Employers should not treat probation as a period during which employment law does not apply. ACAS guidance on probation periods emphasises that employers should set clear expectations and explain what happens if an employee does not meet the required standards. https://www.acas.org.uk/probation-periods

The policy should therefore support good management practice without suggesting that employees have no rights during probation.

Unfair dismissal

For employees who started employment before 1 January 2027, the ordinary qualifying period for an unfair dismissal claim is generally two years, subject to important exceptions. Employment law changes scheduled for 1 January 2027 will reduce the qualifying period to six months for most employees.

Employers should therefore avoid relying solely on the concept of probation when deciding how to manage an unsuccessful employee. The appropriate process will depend on the circumstances and the law applicable at the time.

Discrimination

Employees are protected from discrimination under the Equality Act 2010, including during probation. Employers must not make probation decisions because of a protected characteristic and should consider reasonable adjustments where applicable.

ACAS recommends that employers consider reasonable adjustments where a disabled employee is placed at a disadvantage at work. https://www.acas.org.uk/reasonable-adjustments

Performance management

Probation provides an opportunity to assess whether an employee is meeting the requirements of their role, but good practice is to communicate concerns clearly and give the employee an opportunity to improve where appropriate.

ACAS recommends that employers make clear what improvement is required and provide appropriate support when managing performance concerns. https://www.acas.org.uk/improving-performance-and-conduct

Notice and termination

Where an employer decides that an employee has not successfully completed probation, the employee's contract and applicable statutory requirements should be checked before employment is ended. The employer should follow the relevant notice arrangements and ensure that the reason for the decision is legitimate.

Consistency and records

Probation should be managed consistently while still allowing for individual circumstances. Managers should retain appropriate records of objectives, reviews, feedback, concerns and decisions so that the organisation can demonstrate how the probation process was managed.