Notice During Probation
Most employment contracts have a post-probation notice period of one to three months. During probation, many contracts reduce this to one week — on both sides.
What that means in practice: your employer can end your employment with one week's notice at any point during the first three to six months. If you left a previous role to take this job, that's significant exposure. Check two things: what is the notice period during probation, and what is it after probation passes?
Probation Extension
Most employment contracts give the employer the right to extend the probationary period. The language is usually something like: ‘The Company reserves the right to extend the probationary period where performance or conduct has not been satisfactory.’
‘Satisfactory’ is a subjective standard determined by the employer. Extensions are common, and they keep you in the shorter-notice, lower-entitlement position for longer. Check whether there's a maximum extension period and whether the criteria are defined clearly or left to the employer's discretion.
Benefits During Probation
Many contracts either exclude or limit benefit entitlements during probation:
- Bonus eligibility — often excluded during probation, or a minimum service period (sometimes 12 months) applies before eligibility begins.
- Pension contributions — in the UK, auto-enrolment begins after 3 months, but enhanced employer contributions are often conditional on passing probation.
- Private medical, life insurance, income protection — enhanced benefits are often deferred.
- Annual leave accrual — statutory leave accrues from day one in the UK, but enhanced entitlements are often conditional.
Disciplinary Process During Probation
Standard disciplinary and grievance procedures apply from day one under UK law. However, employers often use a simplified process for dismissal during probation that doesn't require the full process used post-probation. This means procedural rights are more limited during the early months.
What to Check Before Signing
Before signing, specifically look for:
- How long is the probationary period?
- What is the notice period during probation (both directions)?
- Can the employer extend probation, and on what grounds?
- Which benefits are deferred until probation is passed?
- Is there a clear process for confirming when probation has ended?
If you want a plain-English breakdown of the probation terms in a contract you've received, BeforeYouSign identifies and explains all probation-related clauses in 60 seconds. From $9.99, no account required.
Scan Your ContractFAQ
Can I be dismissed without a reason during probation?
Employers have more flexibility to dismiss during probation, and in the UK you don't have unfair dismissal rights until you've been employed for two years regardless of probation status. However, dismissal is still subject to discrimination law from day one.
What happens to my probation if I'm off sick?
Most employers pause the probationary period during extended sick leave. Your contract should specify this — if it doesn't, ask for clarification before signing.
Can I negotiate the length of my probationary period?
Yes, particularly if you're leaving a secure role. Some employers will shorten the probationary period or apply the post-probation notice period from day one for senior hires.
Related: Employment Contract Red Flags
BeforeYouSign is an AI-powered educational tool. It does not provide legal advice. Always consult a qualified legal professional before making binding legal decisions.