How does UK probation work in 2026?

What probation typically modifies in the standard UK contract:

• Shorter notice period during probation, usually 1 week instead of contractual notice
• Documented review meetings, typically at 1 month, 3 months, and end of probation
• Reduced benefits, some employers withhold private medical, enhanced sick pay, etc. until probation passes
• Performance metrics tied to passing probation, clear pass criteria

What probation does not do:

• Doesn’t change statutory minimum notice (the law applies from 1 month of service regardless of probation status)
• Doesn’t remove unfair-dismissal protection (qualifying period is 2 years today, dropping to 6 months from January 2027, see below)
• Doesn’t remove discrimination protections (day-one)
• Doesn’t allow termination without fair procedure

Probation length by role type (mid-market UK pattern):

The proposed 9-month statutory cap

The government is consulting on a 9-month statutory cap on probation, with implementation proposed for autumn 2026. The consultation includes a proposal for “day-one” unfair-dismissal rights subject to a lighter-touch process during the probation period. If enacted, probation becomes more legally meaningful, a defined regime rather than a contractual flag.

What “fair procedure during probation” looks like:

1. Set clear pass criteria at the start, written, role-specific, signed off by line manager
2. Hold the planned review meetings, at 1 month, 3 months, and pre-end. Document what was discussed.
3. Document performance concerns in writing if they arise, email summary after a 1:1, kept in the employee file
4. Give the employee a chance to improve, formal feedback, support plan, training if relevant
5. If terminating, hold a probation review meeting, invite the employee, summarise the issues, give them the chance to respond
6. Confirm in writing, outcome of meeting, reasons, notice details
7. Offer right of appeal, even though not strictly mandatory pre-Jan-2027, good practice

The procedural lift isn’t huge, a couple of meetings and some documentation, but it’s the difference between a clean exit and a contested one. Teamed’s UK People Ops walks managers through this in real time when it’s needed.

Common extension triggers:

• Performance is close but not quite there, extra time + clear criteria might tip it
• External factors interrupted the assessment, illness, prolonged client delays, restructuring
• Role responsibilities changed during probation, making the original assessment less relevant

How to extend properly:

1. Hold a probation review meeting before the extension, don’t just announce it
2. Document the specific concerns in writing
3. State clearly what needs to be demonstrated for the extended period to pass
4. Confirm the extension in writing, with the new end date
5. Hold the extended-probation review at the new end date, don’t roll it over again unless circumstances warrant

The probation review at day 90 (or 180 for 6-month probations) is the meaningful checkpoint. If the employee has been kept in the dark about performance concerns for 90 days and learns about them at the review meeting, that’s a procedural failure regardless of the substantive judgment.

Specifically, Teamed’s standard:

• UK contract includes a configurable probation clause (3, 6, or 9 months as specified)
• Probation review template provided to client managers at month-1 and month-3 (and month-5 if 6-month probation)
• UK People Ops attends end-of-probation review on request if a difficult decision is on the table
• Documentation handled centrally, feedback summaries, performance notes, formal warnings
• If termination during probation: Teamed runs the procedure end-to-end, the client decides the substantive outcome

The split: client owns the relationship and the substantive performance assessment. Teamed owns the procedure, documentation, and legal-employer mechanics. The combination keeps probation dismissals defensible without burdening the client with the procedural admin.