The Employment Law Cheat Sheet to Probation
Published on: 03/03/2021
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Patrick Walshe Partner and Head of Employment Law at Philip Lee Solicitors

What is probation?  ⚓︎

Probation is a period of time at the beginning of the employment relationship during which the employer assesses whether the employee is suitable for permanent employment.

It’s common to refer to this as the new employee’s “probationary period”.

How long do probationary periods typically last? ⚓︎

There are no mandatory probationary period limits as such (although a probationary period should never be longer than one year, and in practice it’s wise to cap at 11 months – for more on this, see below).

In practice, 3-6 months is the norm.

Am I obliged to impose a probationary period in the first place? ⚓︎

No – although your ability to terminate the employment safely during the initial

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/03/2021
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