Probation periods in public sector jobs

Most public sector jobs start with a probation period, a set time during which your manager reviews whether you suit the role before your employment is confirmed. The law sets no length. Each employer sets it in its own policy, and it must be stated, with any conditions, in the written statement you get on or before your first day. Expect regular review meetings. Probation can be extended if there are concerns.

How long probation lasts

Probation is contractual, so its length varies by employer and sometimes by grade. NHS trusts, councils and Civil Service departments each publish a probation policy, and for most roles the period is a matter of months. Senior or specialist posts sometimes have a longer one. Your offer letter and contract will give the exact length.

For newly qualified teachers in England, the equivalent is early career teacher induction, which is separate from any probation the school runs. Induction lasts the full-time equivalent of two school years and is a statutory process with its own assessments; it is covered in Early career teacher induction. Some schools and academy trusts also apply a short probation to support staff.

What happens during probation

A well-run probation has a clear structure:

1. An initial meeting in your first week or two to agree objectives and any training. Your first week in a public sector job covers what else to expect.
2. Regular review meetings, often monthly or at set intervals, where your manager records progress.
3. A final review, after which your employment is confirmed in writing.

Mandatory training usually has to be completed during probation, and in the NHS that can include clinical competency sign-offs. If your objectives are vague or reviews do not happen, ask for them. A documented review protects you as much as the employer.

Extensions and failing probation

If your manager has concerns, the usual step is to raise them at a review, set out what needs to improve and by when, and offer support. Many policies allow probation to be extended for a set period, especially where sickness absence or a gap in training meant there was no fair chance to assess you.

If the concerns are not resolved, the employer can end your employment at or before the end of probation. Public sector policies normally require a formal meeting first, notice of what is being considered, and the right to be accompanied by a colleague or trade union representative. Many also allow an appeal.

Notice during probation is often shorter than after it. By law, after one month’s service you are entitled to at least one week’s notice, and your contract may give more. See Notice periods.

Your legal rights during probation

Probation is not a separate legal status. You are an employee from day one, with the same rights to the minimum wage, holiday, rest breaks, a payslip and protection from discrimination.

Length of service matters for unfair dismissal. At present most claims need 2 years’ service. Under the Employment Rights Act 2025, that qualifying period is due to fall to 6 months for dismissals from 1 January 2027. The compensation cap for unfair dismissal is removed at the same time, and the government has said future dates may change as regulations go through Parliament. Employment Rights Act 2025: what’s changing and when has the timeline.

Some reasons for dismissal are automatically unfair from the first day, whatever your length of service. They include pregnancy, whistleblowing, asserting a statutory right and trade union activity. Dismissal because of a protected characteristic is discrimination, which also has no qualifying period.

Sickness and pregnancy during probation

Being off sick during probation can complicate things, and many policies let the employer extend probation instead of ending it. If the absence is linked to a disability, the employer should consider reasonable adjustments before making a decision.

Pregnancy is protected from the start. An employer cannot extend or fail your probation because you are pregnant or on maternity leave. If they need to pause it, the reason must be unconnected to the pregnancy.

Getting through probation well

Reviews are usually judged against the objectives set at the start and the job description, plus timekeeping, attendance and how you work with colleagues. A few habits help. Keep your own note of what you have done and any training completed, so review meetings rest on evidence. Ask for feedback early, especially if expectations feel unclear. If something outside work is affecting you, such as a health problem or caring responsibilities, tell your manager before the review, not at it.

In the NHS and social care, probation often runs alongside competency sign-offs, such as the Care Certificate or clinical skills assessments. Make sure the people who need to sign these off know your deadlines. For teachers, induction has separate formal assessment points and its own appeal route.

If you think probation is being handled unfairly

Start by asking your manager or HR for the probation policy and a written record of reviews. If you disagree with a decision, use the appeal route in the policy. A union representative can help you prepare for any formal meeting. For advice on whether a dismissal was lawful, ACAS runs a free helpline, and most tribunal claims now need to be made within 6 months, after ACAS early conciliation.