What is a probation period?

In most countries probation is a contractual arrangement, not a legal requirement. The offer letter or contract sets its length, what will be reviewed, whether it can be extended and how much notice either side must give while it lasts. In the UK, Acas says there is no legal requirement to have a probation period at all, and that “day one” rights such as the minimum wage, paid holiday and protection from discrimination apply throughout it.

What probation changes legally depends on the country. In the UK, ordinary unfair dismissal protection currently needs two years’ service; under the Employment Rights Act 2025 it is due to apply after six months from 1 January 2027, so a six-month probation will line up with that threshold. In Australia, an employee cannot claim unfair dismissal until they have served the minimum employment period in the Fair Work Act: six months, or one year with a small business employer (fewer than 15 employees). In Canada, federally regulated employees are owed notice of termination once they have three consecutive months of continuous employment; provincial rules differ. In the US most employment is at will, so probation has little legal effect, with one notable exception: in Montana an employee can be let go for any reason during the employer’s probationary period, but after it a discharge needs good cause. In India the length and terms of probation usually come from the appointment letter and the employer’s service rules.

A probation that does its job has three parts. Agree written objectives in the first week, tied to the role’s real work. Hold short, documented reviews at fixed points, so nothing at the end is a surprise. Then decide on time: confirm the appointment in writing, extend it only if the contract allows and you have named what must improve, or end the employment with the notice the contract and the law require.

Probation is a safety net, not a substitute for selection. Many probation failures trace back to a hiring decision made on interview impressions alone, which is why employers who see repeated early exits often add a work-sample task or job-relevant assessment before the offer. This is general information, not legal advice.

Also called: probationary period, trial period.