Probation Periods in UK Employment: legal changes coming

Probation periods have long been a staple of UK employment contracts but not legally required.  They offer both employers and new employees a trial phase to assess suitability for a role and from the employee’s perspective the employer’s culture as well.

Traditionally lasting between three to six months, these periods allow employers to evaluate performance, conduct, and cultural fit before confirming permanent employment. However, future legislative changes are set to reshape the legal nature of probation periods and how they function in practice.

Under the upcoming Employment Rights Bill, expected to take effect in Autumn 2026, probation periods will gain formal legal status for the first time. This shift is part of a broader move by the current government to modernise employment law and enhance worker protections from day one of employment.

Key proposed changes include:

  • Statutory recognition of probation periods, with a likely maximum duration of nine months.
  • Day-one rights for employees, including protection from unfair dismissal, making the probation process more critical than ever.
  • Fair dismissal procedures during or at the end of probation, requiring documented evidence such as performance reviews, attendance records, and formal meetings.
  • Right to appeal for employees who fail probation, with clear timelines and procedures.

Employers will need to adapt by ensuring probation terms are clearly outlined in contracts, including duration, extension clauses, and performance criteria. Regular review meetings should be scheduled, and all discussions documented to support any decisions made.

These changes signal a shift from informal trial periods to a more structured and accountable process which though many employer’s will already have in place seeing the value of consistent performance management which can support and align a new employee with their new role or that allows for a process to identify why an employee is not going to meet the expected standard for the job.

In preparation for this change employers are encouraged to refine recruitment practices, set transparent expectations, and maintain thorough records throughout the probation period.

While the reforms are not yet in force, preparing now will help organisations stay compliant and foster fairer, more transparent employment practices. As the legal landscape evolves, probation periods will no longer be a mere formality—they’ll be a cornerstone of early-stage employment rights.

An earlier blog from CBR covers how effective induction and onboarding creates the right start in employment as move to enter the probation period  The importance of effective onboarding and induction – CBR Business Solutions

If you would like any advice and support with implementing these, please do reach out. You’re not alone!

You can email us at hr@cbrsolutions.org.uk