Hold the probation review by Friday, 16 April 2027

Probation ends
1 May 2027
Unfair dismissal protection starts
1 May 2027
Overlap
Probation is still running when protection starts, so any decision after that date is made with full unfair dismissal rights in play. Acas notes that ending probation earlier does not remove legal risk.

Probation lengths compared

For someone starting on Mon, 4 Jan 2027 (England and Wales bank holidays, review 14 days before the end). Their unfair dismissal protection starts on Sat, 3 Jul 2027.

ProbationEndsReview byEnds before protection?
3 months Sat, 3 Apr 2027 Fri, 19 Mar 2027 Yes
12 weeks Sun, 28 Mar 2027 Fri, 12 Mar 2027 Yes
5 months Thu, 3 Jun 2027 Thu, 20 May 2027 Yes
6 months Sat, 3 Jul 2027 Fri, 18 Jun 2027 No — still running
9 months Sun, 3 Oct 2027 Fri, 17 Sept 2027 No — still running

A review that holds up

  • Set objectives in writing in the first week and check in at the halfway point.
  • Hold the formal review on or before the deadline, with time to extend if the contract allows it.
  • Write down the outcome and the reasons, whatever the outcome.
  • For anyone already past six months, follow your disciplinary or capability procedure and the Acas Code.

More in probation periods after the Employment Rights Act. To track every employee at once, use the staff dates tool.

Frequently asked questions

Did the Employment Rights Act create a statutory probation period?

No. An earlier version of the Bill proposed an “initial period of employment”, but the Act as passed in December 2025 simply reduced the unfair dismissal qualifying period to six months. Probation remains a contractual arrangement — Acas says probation can be any length.

How long should probation be after January 2027?

There is no legal length. Many small employers are moving to three to five months so the decision, and any extension, happens before unfair dismissal protection starts at six months. A longer probation is lawful, but decisions after six months are made with full unfair dismissal rights in play.

Can I extend probation past six months?

If the contract allows extension, yes — but extending does not delay unfair dismissal protection, which depends only on length of service. A dismissal after six months needs a fair reason and a fair process.

Why does the review date move?

Wallchart steps the review back to the previous working day when it lands on a weekend or a bank holiday in the part of the UK you choose, using GOV.UK’s bank holiday data.

Sources

  1. Acas — Probation periods
  2. Employment Rights Act 2025, section 25
  3. S.I. 2026/559 — Commencement No. 4
  4. GOV.UK — Bank holidays (data)

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