Starting a new job often comes with a probation period, a trial phase where both employer and employee assess suitability for the role. But while probation periods are common, they’re often misunderstood, particularly when it comes to employee rights.
Many people assume that being “on probation” means having no protection at all. In reality, UK employment law solicitors chester still offers a number of important rights and safeguards during this period.
Let’s break down what probation actually means, what your rights are, and how to protect yourself if issues arise.
What Is a Probation Period?
A probation period is typically the first three to six months of employment. It allows employers to monitor a new employee’s performance, conduct, and suitability for the role. At the same time, it gives the employee an opportunity to decide if the job and company are a good fit.
While there’s no legal requirement for probation periods, they are widely used and should be clearly outlined in your employment contract.
Your Rights During Probation
Even if you’re in the early days of your employment, you still have rights under UK employment law. Here are the most important ones:
1. Statutory Employment Rights Still Apply
From day one, you’re entitled to core statutory rights, including:
- The national minimum wage
- Statutory sick pay (SSP)
- Protection against unlawful discrimination
- Statutory holiday entitlement
- A written statement of terms and conditions
- A safe working environment
- Protection under the Working Time Regulations
These rights apply regardless of whether you’re on probation or not.
2. Notice Periods Must Be Honoured
If your employer wishes to terminate your employment during your probation, they must give you the minimum notice period stated in your contract. If no notice is mentioned, you’re still entitled to at least one week’s notice after one month of service.
Likewise, you are expected to give notice if you decide to leave before your probation ends.
3. You Are Protected Against Discrimination
Your employer cannot terminate your employment for reasons that would amount to unlawful discrimination under the Equality Act 2010. This includes discrimination based on:
- Age
- Gender
- Race
- Disability
- Religion or belief
- Pregnancy or maternity
- Sexual orientation
If you are dismissed for a discriminatory reason, it could give rise to a legal claim, regardless of whether you are in your probation period.
4. You May Have the Right to Claim Unfair Dismissal (in limited cases)
Ordinarily, you need to have worked for two years before you can bring a claim for ordinary unfair dismissal. However, certain dismissals are automatically unfair from day one — for example:
- Being dismissed for asserting a statutory right (e.g., requesting a break)
- Whistleblowing
- Health and safety concerns
- Pregnancy or maternity-related reasons
In these cases, you may still be able to make a claim, even if you are within your probation period.
Can Probation Be Extended?
Yes, probation periods can be extended — but only if this is allowed under your contract. Your employer should inform you of the extension in writing, along with the reasons for it and the new end date.
An extension might be granted if:
- Your performance needs further review
- You were off sick for part of the probation
- There were delays in training or onboarding
It’s good practice for employers to offer support, feedback, and clear expectations during any extension.
What If You’re Dismissed During Probation?
If you are dismissed while on probation, your employer still needs to follow a fair process, even if it’s less formal than for long-serving staff. You should expect:
- A clear explanation of the reason for dismissal
- A chance to respond or improve (especially in performance matters)
- Proper notice or pay in lieu of notice
If you believe your dismissal was discriminatory, in breach of contract, or for an automatically unfair reason, you should seek legal advice promptly. Some claims have short time limits (usually three months less one day from the date of dismissal).
Tips to Protect Yourself During Probation
- Read your employment contract carefully, including notice periods and probation clauses
- Ask for regular feedback from your manager so you understand how you’re progressing
- Keep records of any meetings, performance reviews, or concerns raised
- Know your rights — especially if you feel you’ve been treated unfairly
Conclusion
While a probation period may feel uncertain, it doesn’t mean you’re unprotected. From day one of employment, you still benefit from core legal rights and protections.
Whether you’re an employee wanting to understand your rights or an employer looking to manage probation fairly, clarity and communication are key. And if something doesn’t seem right, don’t hesitate to seek professional legal advice.