Probation periods under the six-month rule
A probation period of six months and the six-month qualifying period are counted the same way, so for someone starting on 1 February 2027 probation ends on 31 July 2027, the day protection starts. A decision at the end of that probation comes too late to fall before it.
Open the probation review planner
Probation lengths against the protection date
For a start on 1 February 2027 with one week's notice worked, protection starts on 31 July 2027 and the last day to give notice is 23 July 2027, because s.97(2) adds the statutory week to the effective date of termination.
| Probation | Suggested reviews | Probation ends | After the last notice day? |
|---|---|---|---|
| 3 months | Sun 28 Feb 2027, Wed 31 Mar 2027 | Fri 30 Apr 2027 | No |
| 4 months | Wed 31 Mar 2027, Fri 30 Apr 2027 | Mon 31 May 2027 | No |
| 5 months | Wed 31 Mar 2027, Mon 31 May 2027 | Wed 30 Jun 2027 | No |
| 6 months | Wed 31 Mar 2027, Mon 31 May 2027 | Sat 31 Jul 2027 | Yes |
The review dates are a practice suggestion (about a third and two thirds of the way); the law sets none. Have regular formal reviews during the probation period and a final review to discuss the outcome; keep records and share them with the employee after each meeting.
What Acas says
- There is no legal requirement to have a probation period, and it can be any length. Someone will be protected if they already have at least 6 months' service on 1 January 2027. Ending probation before protection starts does not avoid legal risks, and probations of 6 months or less might not suit every role.
- Tell the employee about an extension in writing and confirm it before the original probation period ends (failing to do this could be a breach of contract); update the written statement within one month. Agree the length, review points, expectations, the final review date and the possible outcomes.
- When an employee successfully completes probation, confirm it in writing and give the new terms of employment (an updated written statement or a separate document).
- Dismissal during probation should be a last resort. Follow a fair procedure, give the reasons in writing and give the correct notice: the statutory minimum or the contractual notice.
Plan your own dates on the probation review planner. Pro adds letter templates for each outcome (passed, extended, not passed).
Sources
- Probation (Acas): Acas, Probation periods: What probation is (last updated 24 July 2026) — https://www.acas.org.uk/probation-periods, read on 2026-09-30
- Reviews (Acas): Acas, Probation periods: Reviews — https://www.acas.org.uk/probation-periods/reviews, read on 2026-09-30
- Extending probation (Acas): Acas, Probation periods: Extension — https://www.acas.org.uk/probation-periods/extension, read on 2026-09-30
- Passing probation (Acas): Acas, Probation periods: Following a fair process — https://www.acas.org.uk/probation-periods/following-a-fair-process, read on 2026-09-30
- Failing probation (Acas): Acas, Probation periods: Dismissal — https://www.acas.org.uk/probation-periods/dismissal, read on 2026-09-30
- Statutory notice extension: Employment Rights Act 1996, s.97(2) and (3) — https://www.legislation.gov.uk/ukpga/1996/18/section/97, read on 2026-09-30
Frequently asked questions
- Do I have to change my probation periods?
- No law requires it. Acas says there is no legal requirement to have a probation period and it can be any length, and that ending probation before protection starts does not avoid legal risks. What changes is that a six-month probation ends when protection starts.
- Can a probation period be longer than six months?
- Yes. Acas says probation can be any length and that technical or specialist roles may need longer. After six months (from 1 January 2027) a dismissal needs a fair reason and a fair procedure like any other.
- When must a probation extension be confirmed?
- In writing, before the original probation period ends; failing to do this could be a breach of contract (Acas). The written statement is updated within one month.
- What should a probation review template cover?
- Acas lists progress and performance against the expectations set at the start, wellbeing, feedback, the employee's questions and the support or training needed, with records shared after each meeting.
More guides
- Unfair dismissal after 6 months: what changes on 1 January 2027
The qualifying period falls from two years to six months for dismissals with an EDT from 1 January 2027. Who is protected that day, by start date, with sources.
- Why acting at five months may be too late: the statutory notice rule
Section 97(2) adds the one-week statutory notice to the effective date of termination, so notice at five months and three weeks can land after protection starts.
- Unfair dismissal time limit: 6 months from 1 October 2026
Tribunal claims for unfair dismissal: six months beginning with the effective date of termination when it falls on or after 1 October 2026, three before. Worked dates.
Last updated 2026-09-30. Date calculator and templates based on the Employment Rights Act 1996 as amended by the Employment Rights Act 2025. Not legal advice. Continuity rules have exceptions; check with Acas or a solicitor before dismissing anyone. Not affiliated with Acas or the UK Government.