What is a probation period?

A probation period is a feature of most employment arrangements, but its legal implications and practical use are not always well understood. Many founders include a probation period in employment contracts without fully understanding what it provides — or does not provide — in terms of their ability to end an employment relationship if the hire does not work out.

A probation period is a defined initial period of employment — typically between one and six months — during which both employer and employee can assess whether the role is a good fit. During probation, employment contracts often provide for shorter notice periods and a simplified review process, making it easier to end employment if performance or conduct does not meet expectations. Probation periods are not a statutory right — they are a contractual provision agreed between the parties.

A probation period only provides meaningful protection if actively managed — regular check-ins, clear feedback, and documented performance concerns are what makes it defensible if employment is ended during probation. Ending employment during probation without following a fair process still carries risk. Our guide to probation periods covers how to structure and manage them effectively for UK employers.