Probation periods in the UK: what the law says (2026 and 2027 changes)

Probation periods. Everyone thinks they know how these work, and plenty of people are at least a bit wrong, so let's sort that out properly.

Here's the thing that trips people up first: probation isn't a legal status at all. It's just a contractual choice you make, like choosing what notice period to put in someone's contract. There's no law saying you must have one, no law dictating how long it should be, and the Employment Rights Act 2025 doesn't touch any of that. ACAS say it plainly: "The Act does not affect probation periods." So if you've been waiting for new rules to tell you exactly how probation should work, they're not coming. What is coming, though, changes the stakes considerably, and that's really what this whole article is about.

Is probation a legal requirement?

No. Not required, not standardised, not really regulated in the way people assume. You can run a probation period of any length you like, or skip it entirely. What the law does require is that your day-one written statement sets out how long the probation is and what its conditions are, that's a GOV.UK requirement (the statement must say "how long any probation period is and what its conditions are"), and our written statement guide covers the rest of it. So the freedom is real, but it comes with a paperwork obligation attached. Get that bit wrong and you're already on shaky ground before probation even starts.

What changes in 2026 and 2027

This is where it gets interesting, and where most of the actual risk sits.

Right now, unfair dismissal protection kicks in after two years of service, normally, that's the qualifying period as it stands ("normally 2 years"), and it's in force until the end of 2026. From 1 January 2027, that drops to six months. Not two years. Six months. And the compensation cap that currently limits unfair dismissal payouts is being removed at the same time, according to both the legislation itself and ACAS guidance.

Sit with that for a second. If your probation period runs longer than six months, someone could have unfair dismissal protection while they're still on probation. The idea of probation as a consequence-free trial period is about to look very different.

There's a transitional bit too, and it matters: if someone already has six months' service on 1 January 2027, they get the protection straight away, no waiting around. ACAS confirm this directly. So you can't just assume everyone starts the clock fresh on that date.

Separately, from 1 October 2026, the time limit for bringing an employment tribunal claim rises from three months to six (Scottish contract claims get until 9 November), per the relevant legislation. That's a different change, unrelated to the qualifying period, but it stacks the risk further. People simply have longer to bring a claim.

Now, I know what you're thinking: does this mean I should rush to end anyone's probation before the cutoff, or restructure things around January? Don't. Genuinely, take advice on timing if you're anywhere near that boundary, because the transitional rules aren't simple and getting it wrong could be worse than doing nothing. This isn't a "just fire people faster" situation. It's a "understand your risk properly" situation.

How long should probation be?

There's no statutory length, no magic number the law hands you, so this is genuinely your call. What ACAS do say, and it's worth repeating because people misunderstand this constantly, is that ending probation before six months "does not avoid legal risks". It doesn't. The day-one rights still apply. The written statement obligations still apply. And once 2027 arrives, six months becomes the point where unfair dismissal protection lands regardless of what your probation policy says.

So rather than obsessing over the exact number of months, think about what probation is actually for. It should be long enough to genuinely assess someone, linked properly to induction and to how you manage performance day to day. Set pass criteria that are clear from the start, not vague vibes you retrofit later. If you can't articulate what "passing" looks like before someone starts, that's a problem worth fixing before you fix the length of the period.

Rights from day one

This bit surprises people every time, so it's worth being blunt about it: probation does not switch off employment rights. Day-one rights like minimum wage, paid holiday and discrimination protection apply from the very first day, probation or not. ACAS are explicit: "'Day one' employment rights apply during probation periods."

And since 6 April 2026, that list has grown. Paternity leave and unpaid parental leave are now day-one rights too, and statutory sick pay starts from day one of sickness rather than requiring a wait, all confirmed in ACAS's rundown of the Employment Rights Act 2025. So if your induction pack still talks about "earning" certain rights after probation, it's out of date. Update it.

Reviews, extensions and passing

Good probation management isn't really about the paperwork, though the paperwork matters too. It's about not letting anyone be surprised. If someone's struggling, they should know it long before the final review, because regular formal check-ins throughout the period, plus a proper final review, are what actually make probation defensible if anything's ever questioned later. Keep records. Share them with the person too, not just filed away somewhere.

If someone needs longer to prove themselves, you can extend, but do it properly. Confirm the extension in writing before the original end date passes, and update the written statement within a month, otherwise you risk it being a breach of contract. Miss that window and the extension might not even be valid.

Before you fail someone or extend indefinitely out of indecision, weigh up whether adjustments were made, whether absence played a part, whether the person actually had a fair shot. And if they pass, say so in writing, with any new terms spelled out. A pass shouldn't be a shrug and a "carry on then."

Notice and dismissal during probation

If it doesn't work out, notice still applies. The statutory minimum for someone with one month to two years' service is one week, but whatever's in the contract could be longer, and you owe whichever is longer, not whichever's more convenient.

Dismissal during probation should be treated as a last resort, not a default response to a slow start. Give reasons in writing. And if there's a meeting that could result in dismissal, the person has the right to be accompanied, that's not optional just because it's "only" probation.

Train your managers on this properly and apply one consistent policy across the business. Inconsistency is where most of the real risk hides, honestly, far more than any single dismissal decision.

Probation questions

Does probation have a legal minimum or maximum length? No. Any length is allowed; there's no statutory figure to point to.

Do employment rights start after probation? No, day-one rights apply from day one, probation or not.

Can I dismiss someone in their first few months without risk? Ending probation early doesn't avoid legal risk, according to ACAS, so no, not automatically.

Can I extend a probation period? Yes, but confirm it in writing before the original end date and update the written statement within a month.

Does the 2027 change affect my probation policy? It raises the stakes considerably, since unfair dismissal protection will apply from six months' service, but it doesn't change what probation itself legally is. If you're planning anything around that date, take advice first.

This is general information, not legal advice; check ACAS or GOV.UK, or take proper advice for your own situation.