Publication date: 01.09.2025
A probationary period is a common stage of employment in the UK, allowing employers to assess an employee before making them permanent. This period is regulated by UK employment law and affects the employee's rights, legal status and the employer's responsibilities. Understanding the terms of a probationary period, including the rules for dismissal, is critical for those accepting a job offer. In this article, we will take a detailed look at the features of probationary periods, the conditions for terminating an employment contract during this period, and how employment advice from the Legal Marketplace ‘Consultant’ can help you protect your rights and obtain a clear algorithm of actions for secure employment.
What is a probationary period?
A probationary period is an initial period of employment during which an employer assesses an employee's professional skills, performance and suitability for the job. It usually lasts from 1 to 6 months, depending on the terms of the employment contract, and applies to various types of employment, including full-time and part-time. UK employment law does not stipulate a mandatory probationary period, but its existence is often specified in the job offer.
Key features of a probationary period:
- Employee assessment: The employer assesses the employee's suitability for the job, including skills and behaviour.
- Flexibility for both parties: The employee can assess whether the company is a good fit, and the employer can decide whether to offer permanent employment.
- Employee rights: Even during the probationary period, employees are entitled to the minimum wage (£12.21 per hour for those over 21 from April 2025), protection from discrimination and safe working hours.
- National insurance and PAYE: The employer is obliged to make PAYE deductions and national insurance contributions from day one.
Employer responsibilities include clearly defining the terms of the probationary period in the employment contract, including its duration, assessment criteria and dismissal rules. The legal marketplace Consultant offers employment advice to review your employment contract and ensure it complies with UK employment law.
Conditions for dismissal during probation
The rules for dismissal during probation are more flexible than for permanent employment, but are still governed by labour law. From 2025, under the Employment Rights Bill, protection against unfair dismissal will be available from day one of employment, although full implementation is not expected until 2026–2027. However, even now, employees have certain rights during their probationary period.
Key aspects of dismissal during the probationary period:
- Notice period: Employment contracts usually provide for a shorter notice period (1–2 weeks) compared to permanent employees (1–12 weeks depending on length of service).
- Reasons for dismissal: The employer may terminate the contract due to poor performance, but must provide an explanation and follow procedures if the dismissal is related to discrimination.
- Right to appeal: If the dismissal violates the employee's rights, for example due to discrimination, the employee may appeal to the employment tribunal.
- Documentation: The employer must provide written notice of dismissal, stating the reasons, to avoid legal disputes.
Employment advice from the Legal Marketplace ‘Consultant’ will help you understand the rules of dismissal and check whether the employer complies with labour law requirements.
Self-employment as an alternative
Unlike employees with employment contracts, self-employed persons do not undergo a probationary period, as their legal status as employees is different. Self-employment offers greater freedom, but also lacks protection against unfair dismissal or social guarantees.
- No probationary period: Self-employed persons work under service contracts rather than employment contracts.
- Self-assessment tax: Self-employed persons pay taxes and national insurance contributions themselves, without PAYE.
- No employee rights: Self-employed persons are not entitled to minimum wage or paid leave.
- Risk of misclassification: Incorrect status determination can result in the loss of employee rights, such as protection against dismissal.
The legal marketplace ‘Consultant’ will help you determine your legal status as an employee and assess whether self-employment is right for you.
Frequently asked questions about probationary periods
Question
What is a probationary period?
Answer
It is a period of assessment for an employee, usually 1–6 months, specified in the employment contract to check suitability for the job.
Question
Do employees have rights during a probationary period?
Answer
Yes, employee rights include minimum wage, protection from discrimination and safe working hours.
Question
What are the rules for dismissal during a probationary period?
Answer
An employer may dismiss an employee after a shorter notice period, but must comply with UK employment law.
Question
Is a probationary period required for self-employed workers?
Answer
No, self-employment does not involve a probationary period, as it is not an employment contract.
Benefits of Employment Advice from Consultant, Legal Marketplace Consultant
Employment advice helps navigate probation period terms and UK labour law.
Get an action plan to verify your employment contract and legal work status.
Avoid breaches of dismissal rules and employer obligations.
Understand employee rights, job offer terms, and self-employment options.
Learn about working hours, minimum wage, and PAYE for secure employment.
Consultant, Legal Marketplace Consultant offers expert support for safe employment.
The probationary period is an important stage of employment that allows the employer to evaluate the employee, but the employee's rights and the employer's obligations remain protected by UK labour law. Understanding the rules of dismissal and the terms of the contract helps to avoid legal problems. Contact the Consultant Legal Marketplace for employment advice to get a clear plan of action and ensure a successful career.
