Did You Know? Probation Periods Are Not a Legal Requirement
💡 Wednesday 14 January 2026 – Did You Know – HR
Did You Know? Probation Periods Are Not a Legal Requirement
Many employers use probation periods, but did you know that probationary periods are not a legal requirement under UK employment law?
Probation periods are a contractual tool used to:
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Assess performance and conduct
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Provide additional support and training
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Confirm suitability for the role
However, employees on probation still have statutory employment rights, including:
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Protection against discrimination
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Entitlement to National Minimum Wage
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Holiday entitlement
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Statutory notice periods (unless contractually enhanced)
Employers must still follow fair procedures, even during probation, to reduce the risk of claims.
At Consensus HR, we help businesses structure probation clauses correctly and manage probation reviews in line with best practice.
Comment from Matthew Chilcott – Owner:
“Probation periods are useful, but only when managed properly. Employers often assume they can ‘do what they like’ during probation – that’s not the case.”
👉 Need help reviewing probation clauses or processes? Visit:
https://www.consensushr.com
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