Probation Period Rights Checker UK 2026
Check your employment rights during probation in the UK for 2026. This tool explains what protections you have as a new employee, including notice periods, dismissal rights, holiday entitlement, sick pay, and when unfair dismissal protection begins — helping you understand exactly what your employer can and cannot do during your probationary period.
Most UK employers use a probation period (typically 3–6 months) to assess new employees before confirming permanent employment. During this time, you have fewer protections against dismissal than permanent staff, but you're not without rights. From day one, you're protected against discrimination, entitled to statutory holiday pay, and covered by minimum wage and working time regulations.
The most significant limitation is unfair dismissal protection, which only applies after 2 years' continuous service (except for automatically unfair reasons like discrimination or whistleblowing). This means employers can dismiss probationary employees without needing to prove a "fair reason" — but they must still follow contractual notice periods and cannot dismiss you for discriminatory or protected reasons. Use this checker to understand your specific rights based on your probation length and circumstances.
Key Probation Rights in the UK 2026
- Unfair Dismissal Protection: Requires 2 years' continuous service (except discrimination, whistleblowing, etc.)
- Minimum Notice Period: 1 week after 1 month's service (statutory minimum)
- Holiday Entitlement: 5.6 weeks per year (28 days full-time) accrues from day one
- Statutory Sick Pay: £116.75/week from day 4 of sickness (if earning £123+/week)
- Discrimination Protection: Applies from day one (age, sex, race, disability, etc.)
- Typical Probation Length: 3–6 months (some roles up to 12 months)
Check Your Probation Rights
How Probation Period Rights Work in the UK
Step 1: Understanding What Probation Means
A probation period is a trial period at the start of employment (typically 3–6 months) when your employer assesses your suitability for the role. It's not a legal requirement — it's a contractual arrangement set by your employer. During probation, you have most employment rights from day one, but with two key differences:
- Shorter notice periods: Your contract usually specifies reduced notice (e.g., 1 week) compared to post-probation (e.g., 1–3 months).
- No unfair dismissal protection (unless you've completed 2 years' service or fall into protected categories like discrimination or whistleblowing).
The length of probation varies by employer and role. Standard office jobs typically have 3-month probation, while senior or specialized roles may have 6-12 months. Your employment contract should clearly state the probation length and notice period. If you're comparing job offers with different probation terms, use our job offer comparison tool to evaluate total package including security.
Step 2: Notice Periods During Probation
Your notice period during probation is determined by whichever is greater: your contractual notice or the statutory minimum. The statutory minimum notice is:
- Less than 1 month's service: No statutory notice required (but your contract may specify notice, e.g., 1 week).
- 1 month to 2 years' service: Minimum 1 week's statutory notice.
- 2+ years' service: 1 week per year of service (up to 12 weeks maximum after 12 years).
Most employment contracts specify a probation notice period (commonly 1 week or 2 weeks) that applies during probation, then increases after successful completion (e.g., to 1 month or 3 months). Your employer must give you whichever notice is longer — contractual or statutory. However, they can make a payment in lieu of notice (PILON) if your contract allows it, meaning you're paid instead of working your notice. Calculate your notice entitlement with our notice period calculator.
Step 3: Unfair Dismissal Protection (2-Year Rule)
The most significant limitation during probation is unfair dismissal protection, which only applies after 2 years' continuous service in most cases. This means:
- Under 2 years: Your employer can dismiss you without needing to prove a "fair reason" (capability, conduct, redundancy, etc.). They don't need to follow a formal disciplinary process or give you warnings.
- Over 2 years: You gain full unfair dismissal protection. Employers must have a fair reason and follow a fair procedure (warnings, investigations, appeals) before dismissing you.
Important exceptions where you're protected from day one regardless of service length:
- Discrimination: Dismissal based on age, sex, race, disability, religion, sexual orientation, pregnancy, gender reassignment, or marriage is automatically unfair and unlawful.
- Whistleblowing: Dismissed for making a protected disclosure about wrongdoing, illegal activity, or health and safety dangers.
- Asserting statutory rights: Dismissed for claiming minimum wage, requesting flexible working, taking maternity/paternity leave, or raising health and safety concerns.
- Trade union activities: Dismissed for joining or participating in a trade union.
- Pregnancy and maternity: Any dismissal related to pregnancy or maternity leave is automatically unfair from day one.
If you believe you were dismissed during probation for one of these protected reasons, you can bring an Employment Tribunal claim without needing 2 years' service. For standard dismissals during probation (performance, "not a good fit," etc.), you have no unfair dismissal claim unless you've completed 2 years. However, you may still be able to claim for breach of contract (unpaid notice, wages) or wrongful dismissal if proper notice wasn't given.
Step 4: Holiday Entitlement During Probation
You have full statutory holiday entitlement from day one of employment, even during probation. UK law guarantees:
- 5.6 weeks per year (28 days for full-time workers, pro-rated for part-time)
- Holiday accrues at a rate of 2.33 days per month for full-time workers (28 ÷ 12)
- If dismissed during probation, you must be paid for any accrued untaken holiday
Example: You start a job on 1 January and are dismissed on 30 April (4 months into probation). You've accrued 4 × 2.33 = 9.32 days of holiday. If you only took 3 days, your employer owes you 6.32 days' holiday pay (9.32 − 3 = 6.32). Some employers restrict when you can take holiday during probation (e.g., no holiday in the first month), but you still accrue the entitlement and must be paid for it if you leave. Calculate your exact entitlement with our holiday entitlement calculator.
Your contract may offer more generous holiday allowance (e.g., 30 days instead of 28), but it cannot offer less than the statutory 5.6 weeks. Bank holidays may be included in the 5.6 weeks or given in addition — check your contract to clarify.
Step 5: Sick Pay and Sickness Absence Rights
You have the same sick pay rights during probation as any other employee. From day one, you're entitled to:
- Statutory Sick Pay (SSP): £116.75 per week (2026 rate) if you earn at least £123 per week and are off sick for 4+ consecutive days (including weekends).
- Contractual sick pay: Some employers offer full pay or half pay for a certain period (check your contract). If your contract is silent, you're only entitled to SSP.
- Sick leave: No maximum number of sick days — you cannot be dismissed solely for being sick unless it's genuinely related to your capability to do the job.
However, frequent or long-term sickness during probation can lead to dismissal on capability grounds (inability to perform the role). This is legal if:
- The sickness genuinely affects your ability to do the job.
- The dismissal is not discriminatory (e.g., if the sickness is disability-related, the employer must make reasonable adjustments first).
- You're given proper notice (or payment in lieu).
If your sickness is related to a disability, you're protected by the Equality Act 2010 from day one. Your employer must consider reasonable adjustments (e.g., reduced hours, modified duties, extra breaks) before dismissing you. Dismissing someone because of disability-related sickness is discrimination and automatically unfair. Use our sick pay calculator to work out your SSP entitlement.
Step 6: Discrimination Protection from Day One
Discrimination laws apply from your first day of employment, even during probation. You cannot be treated less favourably or dismissed because of:
- Age (too young or too old)
- Disability (physical or mental impairment with substantial long-term effect)
- Gender reassignment (being transgender or transitioning)
- Marriage or civil partnership
- Pregnancy and maternity
- Race (including nationality, ethnicity, or skin colour)
- Religion or belief (including lack of religion)
- Sex (male or female)
- Sexual orientation (heterosexual, gay, lesbian, bisexual)
If you're dismissed during probation and you believe it's because of a protected characteristic, you can bring a discrimination claim at an Employment Tribunal with no service requirement. Discrimination claims have no cap on compensation (unlike unfair dismissal, which is capped at £115,115 or 52 weeks' pay in 2026). This makes discrimination claims far more serious for employers, so they're often settled before tribunal.
Key point: Even if your employer says you're dismissed for "performance" or "not a good fit," if the real reason is discriminatory (e.g., pregnancy, disability, age), you can challenge it. Evidence such as comments, emails, or patterns of treatment can support your claim. Seek advice from ACAS (0300 123 1100) or an employment solicitor if you suspect discrimination.
Step 7: What to Do If You're Dismissed During Probation
If you're dismissed during probation, take these steps:
- Check your notice period: Ensure you're given proper notice (or payment in lieu). If not, you may have a wrongful dismissal claim for breach of contract.
- Request written reasons: Ask your employer for written reasons for dismissal. If you have over 2 years' service, they must provide this by law. If under 2 years, they're not obliged to, but it's worth asking.
- Calculate unpaid entitlements: Work out any unpaid wages, accrued holiday pay, or notice pay owed. Your employer must pay you within your final pay cycle.
- Check for discrimination: Consider whether the dismissal could be related to a protected characteristic (age, sex, race, disability, pregnancy, etc.). If so, you can claim from day one.
- Consider whistleblowing: If you raised concerns about wrongdoing before dismissal, you may have a whistleblowing claim (protected from day one).
- Seek advice: Contact ACAS (0300 123 1100) for free advice, or consult an employment law solicitor. You have 3 months less 1 day from dismissal to start an Employment Tribunal claim.
If you're dismissed with less than 2 years' service and no protected reason applies, you cannot claim unfair dismissal. However, you may still be able to claim wrongful dismissal (breach of contract) if you didn't receive proper notice, or unlawful deduction of wages if you weren't paid correctly. These claims can be made in Employment Tribunal or County Court.
This tool provides general guidance on probation rights. For personalized legal advice, contact ACAS on 0300 123 1100 or consult an employment law solicitor. If you're considering resigning during probation, understand your notice obligations first.
Example: Dismissal After 4 Months on Probation
Scenario
Sarah started a marketing coordinator role on 1 January 2026 with a 6-month probation period. Her contract states 1 week's notice during probation. On 30 April 2026 (4 months in), her manager told her she wasn't a "good cultural fit" and dismissed her immediately with 1 week's pay in lieu of notice. She worked full-time (5 days/week) and had taken 5 days of holiday so far.
Sarah's Rights Analysis
- Service: 4 months (under the 2-year threshold for unfair dismissal)
- Notice: 1 week contractual (employer paid correctly)
- Unfair dismissal claim: No (under 2 years, and "not a good fit" is not a protected reason)
- Holiday entitlement: 4 months × 2.33 days = 9.32 days accrued; 5 days taken = 4.32 days owed (about £400 if her daily rate was £92)
- Discrimination: No evidence of protected characteristic discrimination (unless "cultural fit" was code for age/sex/race — worth investigating)
- Outcome: Sarah has no unfair dismissal claim, but must be paid 1 week's notice (received) + 4.32 days' holiday pay
Key Takeaways
- Employers can dismiss probationary employees (under 2 years) for vague reasons like "not a good fit" without fear of unfair dismissal claims.
- Sarah was correctly given 1 week's notice (contractual and statutory minimum), so no wrongful dismissal claim.
- She is entitled to accrued holiday pay (4.32 days) — failure to pay this would be unlawful deduction of wages.
- If "cultural fit" was actually code for discrimination (e.g., Sarah was the only woman in the team, or comments about her age were made), she could pursue a discrimination claim from day one.
- Sarah should request written reasons for dismissal to check for any red flags suggesting discrimination or other protected reasons.
Use the rights checker above to understand your specific situation. If you're dismissed during probation and suspect discrimination or another protected reason, seek legal advice immediately — you only have 3 months to file an Employment Tribunal claim.
Frequently Asked Questions
Can I be dismissed during probation without reason?
Yes, in most cases. During probation (and for the first 2 years of employment), employers can dismiss you without needing to prove a fair reason, as you don't have unfair dismissal protection until 2 years' continuous service. They can dismiss you for performance concerns, "not being a good fit," or simply deciding you're not right for the role — without following a formal disciplinary process or giving warnings.
However, you cannot be dismissed for discriminatory or protected reasons, even on day one:
- Discrimination: Based on age, sex, race, disability, pregnancy, religion, sexual orientation, gender reassignment, or marriage.
- Whistleblowing: For raising concerns about wrongdoing, illegal activity, or health and safety dangers.
- Asserting statutory rights: For claiming minimum wage, requesting flexible working, taking maternity leave, or raising health and safety concerns.
- Trade union activities: For joining or participating in a trade union.
If you're dismissed during probation and suspect it's for one of these protected reasons, you can bring a claim at an Employment Tribunal from day one without needing 2 years' service. The employer must also give you proper contractual or statutory notice (whichever is greater) or pay you in lieu. Dismissal without notice or payment is wrongful dismissal and can be challenged regardless of service length.
Key point: While employers have wide discretion to dismiss during probation, they cannot act unlawfully (discrimination, breach of contract) or dismiss you for protected reasons. If you believe your dismissal was unfair, seek advice from ACAS (0300 123 1100) or an employment solicitor. You have 3 months less 1 day to start a tribunal claim.
What notice am I entitled to during probation?
Your notice period during probation is determined by whichever is greater: your contractual notice (stated in your employment contract) or the statutory minimum (set by law). The statutory minimum notice is:
- Less than 1 month's service: No statutory notice required (but your contract may specify notice, e.g., 1 week).
- 1 month to 2 years' service: Minimum 1 week's statutory notice.
- 2+ years' service: 1 week per year of service (up to 12 weeks maximum after 12 years).
Most employment contracts specify a probation notice period (commonly 1 week or 2 weeks) that applies during probation, then increases after probation ends (e.g., to 1 month, 2 months, or 3 months). Your employer must give you whichever notice is longer — contractual or statutory.
Example: You've been employed for 3 months. Statutory notice is 1 week (because you've completed more than 1 month). Your contract says 2 weeks' notice during probation. Your employer must give you 2 weeks (the contractual notice, as it's longer).
Your employer can make a payment in lieu of notice (PILON) if your contract allows it, meaning they pay you for the notice period but you don't work it. If they dismiss you without notice and without paying you in lieu, this is wrongful dismissal (breach of contract), and you can claim the unpaid notice pay in an Employment Tribunal or County Court.
Your obligation: If you resign during probation, you must also give notice as specified in your contract (usually the same probation notice period, e.g., 1 week). Leaving without giving notice can result in your employer deducting notice pay from your final wages or claiming damages for breach of contract. Calculate your notice entitlement with our notice period calculator.
Am I entitled to holiday pay during probation?
Yes, absolutely. You accrue statutory annual leave from day one of employment, even during probation. UK law guarantees:
- 5.6 weeks per year (28 days for full-time workers, pro-rated for part-time)
- Holiday accrues at a rate of 2.33 days per month for full-time workers (28 ÷ 12 months)
- Part-time workers accrue pro-rata (e.g., 3 days/week = 16.8 days/year = 1.4 days/month)
Important: If you're dismissed during probation, your employer must pay you for any accrued untaken holiday. This is a statutory right and cannot be waived. Failure to pay accrued holiday is an unlawful deduction of wages, and you can claim it at an Employment Tribunal.
Example: You work full-time and are dismissed after 5 months on probation. You've accrued 5 × 2.33 = 11.65 days of holiday. You took 8 days during probation. Your employer owes you 11.65 − 8 = 3.65 days' holiday pay (calculated at your normal daily rate).
Some employers restrict when you can take holiday during probation (e.g., "no holiday in the first month" or "holiday only with manager approval"), but you still accrue the entitlement and must be paid for it if you leave. Your contract may offer more generous holiday allowance (e.g., 30 days instead of 28), but it cannot offer less than the statutory 5.6 weeks.
Bank holidays: The 28 days can include bank holidays (8 days in England/Wales), or your employer may give bank holidays in addition to 28 days — check your contract. If bank holidays are included, your actual non-bank-holiday entitlement is 20 days (28 − 8). Calculate your exact entitlement with our holiday entitlement calculator.
Can I claim unfair dismissal during probation?
Only in specific circumstances. Standard unfair dismissal protection requires 2 years' continuous service, so most probationary dismissals (typically 3–6 months) cannot be challenged as unfair dismissal. This means employers can dismiss probationary employees for performance, "not a good fit," or simply deciding you're not right for the role, without needing to prove a "fair reason" or follow a formal disciplinary process.
However, you CAN claim unfair dismissal from day one if dismissed for automatically unfair reasons:
- Discrimination: Based on protected characteristics (age, sex, race, disability, pregnancy, religion, sexual orientation, gender reassignment, marriage).
- Whistleblowing: For making a protected disclosure about wrongdoing, illegal activity, health and safety dangers, or cover-ups.
- Asserting statutory rights: For claiming minimum wage, requesting flexible working, taking maternity/paternity leave, or complaining about working time violations.
- Pregnancy and maternity: Any dismissal related to pregnancy or maternity leave is automatically unfair from day one.
- Health and safety: For raising concerns about serious and imminent workplace dangers.
- Trade union activities: For joining, participating in, or refusing to join a trade union.
If you believe you were dismissed during probation for one of these protected reasons, you can bring an Employment Tribunal claim without needing 2 years' service. These "automatically unfair" dismissals have no service requirement and can result in substantial compensation (no cap for discrimination claims).
What you CAN'T claim: If you're dismissed for poor performance, personality clash, not meeting expectations, or similar non-protected reasons during probation (and you have under 2 years' service), you have no unfair dismissal claim. You may, however, be able to claim wrongful dismissal if you didn't receive proper notice, or unlawful deduction of wages if you weren't paid correctly.
Advice: If you're dismissed during probation and believe it's discriminatory or related to a protected reason, seek immediate advice from ACAS (0300 123 1100) or an employment solicitor. You have 3 months less 1 day from dismissal to start tribunal proceedings. For standard probation dismissals, focus on ensuring you're paid correctly (notice, holiday, wages) and move on to your next opportunity.
What are my rights if I'm sick during probation?
You have the same sick pay rights during probation as any other employee. From day one, you're entitled to:
- Statutory Sick Pay (SSP): £116.75 per week (2026 rate) if you earn at least £123 per week and are off sick for 4+ consecutive days (including non-working days like weekends).
- Contractual sick pay: Some employers offer full pay, half pay, or enhanced sick pay for a certain period (check your contract). If your contract doesn't mention sick pay, you're only entitled to SSP.
- No maximum sick days: There's no legal limit on how many days you can be off sick. You cannot be dismissed solely for being sick unless it genuinely affects your capability to do the job.
However, frequent or long-term sickness during probation can lead to dismissal on capability grounds (inability to perform the role). This is legal if:
- The sickness genuinely affects your ability to do the job (e.g., you're unable to attend work regularly).
- The dismissal is not discriminatory (if the sickness is disability-related, the employer must consider reasonable adjustments first).
- You're given proper notice (contractual or statutory, whichever is greater) or payment in lieu.
Disability protection: If your sickness is related to a disability (a physical or mental impairment with a substantial and long-term effect on your ability to carry out day-to-day activities), you're protected by the Equality Act 2010 from day one. Your employer must:
- Consider reasonable adjustments (e.g., reduced hours, modified duties, extra breaks, phased return, working from home).
- Not dismiss you because of the disability or disability-related sickness unless adjustments are not reasonable.
Dismissing someone because of disability-related sickness without considering reasonable adjustments is disability discrimination and automatically unfair from day one. You can claim at an Employment Tribunal with no service requirement, and there's no cap on compensation for discrimination claims.
Advice: If you're sick during probation, inform your employer promptly, provide fit notes from your GP for absences over 7 days, and ask about sick pay entitlement. If you have a disability, request reasonable adjustments in writing. If dismissed, check whether it's capability-related or disability discrimination. Use our sick pay calculator to work out your SSP entitlement.
Legal Framework & Data Sources
This rights checker uses UK employment law and statutory protections for 2026:
- Employment Rights Act 1996: Statutory notice periods, unfair dismissal protection, and written statement of reasons.
- Equality Act 2010: Protection against discrimination based on protected characteristics (age, sex, race, disability, pregnancy, etc.).
- Working Time Regulations 1998: Statutory annual leave (5.6 weeks per year, 28 days for full-time workers).
- Statutory Sick Pay (General) Regulations 1982: SSP rates and eligibility (£116.75/week in 2026).
- GOV.UK guidance: Dismissing staff, Employment contracts, Holiday entitlement.
- ACAS guidance: Probationary periods, Dismissals.
Disclaimer: This tool provides general guidance only on probation rights for educational purposes. It is not legal advice and does not create a solicitor-client relationship. Employment law is complex and fact-specific. For personalized advice on your situation, contact ACAS on 0300 123 1100 (free, confidential advice), consult an employment law solicitor, or use the Employment Tribunal system guidance at GOV.UK.
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If you're facing dismissal or have been dismissed during probation and need advice, contact ACAS (Advisory, Conciliation and Arbitration Service) on 0300 123 1100 for free, impartial guidance. For legal representation, consult a solicitor via the Law Society's Find a Solicitor service or contact the Employment Lawyers Association.
Time limits: If you believe you've been unfairly or unlawfully dismissed, you must start ACAS Early Conciliation within 3 months less 1 day of the effective date of termination. Missing this deadline usually means losing your right to claim. Act quickly and seek advice as soon as possible.