Probation to permanent: the UK process
Reviewed by Mellow Editorial Team, HR & payroll content team
Confirming an employee after probation is a deliberate HR process, not an automatic formality. Done properly, it protects the business, sets clear expectations for the new permanent employee, and creates a documented record that matters if performance issues arise later.
What probation actually means in UK law
A probationary period has no special legal definition in UK employment law. It is a contractual arrangement — a period you define in the written statement of particulars — during which both sides assess fit. The employee still accrues statutory rights from day one, including the right to 5.6 weeks' statutory annual leave (28 days including bank holidays for a full-time, five-day-week employee), Statutory Sick Pay where eligible, and protection against unlawful discrimination.
The Employment Rights Act 2025 has strengthened day-one rights further, so the old assumption that probationers are somehow "outside" normal employment protections is even less accurate now. Treat probationers as employees with full statutory entitlements from the moment they start.
Unfair dismissal rights continue to vest after a qualifying period of continuous employment, but the absence of those rights during probation is not a licence to manage carelessly. A poorly handled dismissal during probation — especially where discrimination is alleged — can still reach a tribunal.
Setting the foundation before probation ends
The transition from probation to permanent starts long before the review meeting. You need:
- A clear end date written into the contract. Open-ended probations create ambiguity about when rights vest and when a decision is due.
- Defined criteria — specific competencies, behaviours or targets the employee must meet. If you cannot describe what "passing" looks like, you cannot fairly assess it.
- Regular check-ins throughout the period. A single review meeting at the end, with no interim feedback, is difficult to justify if things have gone wrong and leaves the employee with no fair chance to improve.
Document everything: attendance records, one-to-one notes, any concerns raised and any support offered. If you later need to extend or end the probation, that paperwork is your evidence.
The confirmation process step by step
1. Review the evidence before the meeting.
Assess performance and conduct against the criteria you set. Pull together attendance data, feedback from managers or colleagues, and notes from any interim reviews. Decide your position — confirm, extend, or end — before you sit down.
2. Hold a formal review meeting.
Give notice of the meeting in writing. Even for a straightforward confirmation, this creates a record and signals that the process is taken seriously. For an extension or dismissal, allow the employee to be accompanied by a colleague or trade union representative.
3. Issue a written outcome.
For a confirmation: send a letter or email stating clearly that the employee has passed probation, the date on which they moved to permanent status, and any change to notice periods or other contractual terms that kick in at this point. Many contracts provide a longer notice period post-probation — make sure both sides are clear on that.
4. Update your HR and payroll records.
If the contract includes a pay review at confirmation, process it through payroll promptly and in time for the next pay run. For RTI purposes, any change to the employee's pay must be reflected in the Full Payment Submission (FPS) sent to HMRC on or before the relevant payday.
5. Brief the line manager.
Confirmation is also the moment to reset expectations. The line manager should meet with the new permanent employee to discuss objectives for the coming months. Moving to permanent status should not mean reduced management attention.
Extending or ending probation
If performance is not where it needs to be, you have two realistic options: extend the probation or end employment.
Extension should be time-limited, with specific written targets and a clear date for a further review. A vague extension with no defined endpoint is unfair and legally fragile. Be honest with the employee about exactly what needs to change.
Ending employment during probation requires notice (as stated in the contract, or statutory minimum notice if that is greater — one week after one month's service). Provide the written reason. Allow the employee to respond. Even without full unfair dismissal rights, a structured, documented process significantly reduces tribunal risk, particularly where discrimination claims are possible.
After confirmation: what changes
Once confirmed, the employee typically moves to a longer contractual notice period, may become eligible for benefits that were held back during probation (such as enhanced sick pay schemes or private medical cover), and should be enrolled or re-assessed under auto-enrolment pension rules if not already enrolled. The employer minimum contribution is 3% of qualifying earnings; the employee contributes a minimum 5%.
Line managers sometimes treat confirmation as the end of close management. It is not. The probation-to-permanent transition is the beginning of the longer employment relationship, and the habits of feedback and documentation you built during probation should continue.
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