A probation period is a trial stretch at the start of a job when employer and employee check the fit. As of October 2026, no country covered here makes one compulsory: in the UK it can be any length, in Australia it often runs 3 to 6 months, and the legal clock that matters is a different one, such as Ontario's 3 months before notice rights start or Australia's 6 month unfair dismissal threshold.
That last point is the one to hold on to. A probation period is a contract term you choose. The protections an employee gets come from statute, and they start on their own timetable whatever your contract says.
Probation period rules by country
| Country | Is probation required by law? | Typical or set length | The legal clock that matters |
|---|---|---|---|
| UK | No | Any length, Acas says | Unfair dismissal protection after 6 months from 1 January 2027 |
| Australia | No | Often 3 to 6 months | Unfair dismissal claims after 6 months, or 12 months at a business with fewer than 15 employees |
| Canada (Ontario) | No set probation in the ESA guide | Not set by the ESA guide | ESA notice of termination after 3 months of continuous employment |
| US | No federal rule | Set by the employment contract | Termination is mostly governed by the contract, outside discrimination and whistleblower protections |
UK: what Acas says about probation
Acas is blunt: there's no legal requirement to have a probation period, and it can be any length. 'Day one' rights apply throughout, including minimum wage, paid holiday, protection against discrimination and the right to join a trade union. Employees on probation can take sick leave and are entitled to sick pay. One thing that does change is pensions: an employer can delay automatic enrolment for up to 3 months, but must enrol someone who asks.
The big change comes from the Employment Rights Act 2025. From 1 January 2027, protection from unfair dismissal becomes a right after 6 months in a job, and anyone with at least 6 months' service on that date is covered. Acas warns employers that ending probation before 6 months doesn't remove legal risk (our unfair dismissal guide explains the claim itself), and that 6 months or less may be too short for technical or specialist roles.
Extending a UK probation
- Confirm the extension before the original period ends. Missing this could be a breach of contract.
- Put it in writing, and update the written statement of employment particulars within one month.
- Agree the length, review points, training and the final review date with the employee.
- Don't extend just because of absence if you already have evidence. Acas gives the example of someone who performed well for 4 months of a 6 month probation and was then off sick for 2: the employer can pass them on the 4 months.
Australia: probation under the Fair Work rules
The Fair Work Ombudsman says the employer usually decides the length, and it often ranges from 3 to 6 months. Someone on probation keeps every National Employment Standards entitlement, so full-time and part-time staff accrue and can take annual leave and sick leave. If they don't pass, they're still entitled to notice and to have unused annual leave paid out. The notice is based on their length of service, and they must be allowed to work it or be paid in lieu.
The figure that matters more is the minimum employment period for unfair dismissal: at least 6 months, or 12 months if the employer is a small business with fewer than 15 employees. A claim has to be lodged with the Fair Work Commission within 21 days of dismissal.
Canada: Ontario's 3 month line
Ontario's Employment Standards Act guide doesn't set a probation period. What it sets is a qualifying period: employees employed for less than three months aren't entitled to notice of termination or termination pay under the ESA. Once they pass three months of continuous employment, the minimum notice is one week for anyone with less than a year of service. A contract can give more, but never less.
US: no federal probation rule
The U.S. Department of Labor's guidance is that, outside discrimination, whistleblower and similar protections, a termination is subject only to any private contract between employer and employee or a labor contract. In practice that means the probation period is whatever your contract says, so write down what it means for benefits and reviews. Our employment contract template guide shows where to put it.
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How to run a fair probation, step by step
- Write the length and what's being assessed into the contract or written statement.
- Hold reviews at set points, not just at the end.
- Give support and training when performance slips, and record it.
- Decide on an extension before the original end date, in writing.
- If it ends in dismissal, give the reasons in writing and the right notice for the country.
- Check the statutory clock (6 months in the UK from 2027, 6 or 12 months in Australia, 3 months in Ontario) before you treat probation as a safe zone.
The verdict
Use probation as a management tool, not a legal shield. The law in all four places ignores your probation clause when it counts notice and unfair dismissal rights, so the reviews, the written reasons and the support you gave are what protect you. If you hire in Australia or the UK, put the 6 month mark in your diary on day one.
Frequently asked questions
Is a probation period a legal requirement?
No. Acas says there's no legal requirement in the UK and it can be any length, the Fair Work Ombudsman says Australian employers usually decide the length, and Ontario's ESA guide sets no probation period.
How long is a probation period usually?
In Australia it often ranges from 3 to 6 months, according to the Fair Work Ombudsman. In the UK, Acas says it can be any length and that 6 months or less might be too short for technical or specialist roles.
Do you get notice if you fail probation?
In Australia, yes: employees are entitled to notice even if employment ends during probation. In the UK, the employer must give the statutory or contractual notice. In Ontario, employees with less than three months' service aren't entitled to ESA notice.
Can an employer extend a probation period?
In the UK, Acas says the extension must be confirmed before the original period ends, otherwise it could be a breach of contract, and the written statement must be updated within one month.
Do I get holiday and sick pay on probation?
Yes in the UK and Australia. Acas lists paid holiday as a day one right and says employees on probation are entitled to sick pay, and in Australia full-time and part-time staff accrue annual and sick leave during probation.
