Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Hiring a new team member is exciting - but it’s also a risk if things don’t work out. A well-managed probation period lets you test the fit, set expectations and move on quickly if it isn’t right.
In this guide, we’ll walk through what a 3-month probation period actually does under UK law, what your letter should include, and provide a practical 3 month probation period letter sample you can adapt for your business. We’ll also cover related letters (confirmation and extension), common pitfalls, and how probation interacts with notice, pay, holiday and dismissal rules.
Getting your documents and process right from day one will save headaches later - and protect both you and your new hire.
What Is A 3-Month Probation Period?
A probation period is an initial stage of employment where you and the new employee can assess suitability. It’s not a separate legal status under statute - it’s a contractual mechanism you include in your Employment Contract and follow in practice.
Three months is common for many SMEs because it balances speed with enough time to evaluate performance and conduct. Some roles warrant longer (for example, 6 months for complex or senior roles), but if you choose 3 months, make sure your contract and onboarding materials are clear about how it works.
Key points to keep in mind under UK law:
- Written particulars: You must provide the main terms on or before day one (Employment Rights Act 1996). This is usually done via a contract and starter letter.
- Shorter notice: During probation, contracts often allow shorter notice (e.g. one week). However, after one month’s service, statutory minimum notice of one week applies as a floor.
- Unfair dismissal: Employees generally need two years’ continuous service to claim ordinary unfair dismissal. That said, automatic unfair dismissal and discrimination claims can arise from day one.
- Equality and discrimination: You must avoid discriminatory decisions (Equality Act 2010). Performance concerns should be evidence-based and documented.
- Process still matters: Even without a full capability process, you should follow a fair and reasonable approach, especially if extending or ending employment.
If you’re designing or refreshing your policy framework, it helps to align your probation clause with your Staff Handbook and any relevant Workplace Policy so the expectations are consistent and easy to follow.
What Should A Probation Letter Include?
Whether you’re sending a “welcome and probation terms” letter with the contract on day one, or confirming an extension or completion, your letter should be clear, concise and consistent with the contract. At a minimum, include:
- Role and start date: Confirm the position and the commencement date.
- Probation length: State that the probation period is three months and the end date.
- Objectives: Briefly set out initial goals, KPIs or training milestones (attach a plan if needed).
- Support and check-ins: Explain how you’ll provide feedback (e.g. weekly one-to-ones, mid-point review).
- Notice period: Clarify the contractual and statutory notice that applies during probation.
- Outcomes: State possible outcomes at the end of probation - confirmation, extension, or termination.
- Right to extend: If your contract allows it, note you may extend probation (and on what basis).
- Policies: Refer to key policies, including performance and conduct expectations.
For performance-related concerns during probation, your letter (or follow-up correspondence) should outline the issues, set out reasonable time-bound actions, and state the consequences if there’s no improvement. Many employers use elements of a light-touch improvement plan; for a structured process, see how a Performance Improvement Plan works in practice.
3 Month Probation Period Letter Sample (UK)
Here’s a practical sample you can adapt. Make sure it aligns with your contract, role and policies.
Private & Confidential Dear , Re: Probation Period – We’re pleased to confirm your employment with as , which commenced on . Your employment is subject to a three-month probation period ending on . During this time, we’ll work with you to support your onboarding and assess your suitability for the role. We’ve set the following initial objectives for your first three months: • Objective 1: • Objective 2: • Objective 3: by ] Your line manager, , will provide regular feedback and support, including weekly check-ins and a mid-probation review around . Please raise any questions or training needs as they arise. Notice Period During probation, your contractual notice period is . After one month of service, the statutory minimum of one week’s notice applies as a minimum. End of Probation Near the end of your probation period, we’ll review your performance and conduct. Possible outcomes are: • Confirmation of appointment, and your employment will continue on the terms in your contract. • Extension of your probation for a further period of , with specific objectives to be agreed. • Termination of employment in line with your contract and applicable law. Policies and Expectations Please familiarise yourself with our policies and procedures, including conduct, performance, attendance, and data protection. These are available in our Staff Handbook and will be discussed during your induction. We look forward to working with you and supporting your success at . If you have any questions about your probation, please speak with or HR. Yours sincerely,
This sample is a starting point - tailor the objectives, notice and processes to your business and the specific role. For the contractual backbone, ensure your Employment Contract contains a clear probation clause and aligns with the letter.
Templates You’ll Likely Need: Confirmation And Extension
Most employers need three variants to manage the full cycle: the initial probation letter (above), a confirmation letter, and an extension letter. Here are concise examples for the latter two.
Probation Confirmation Letter (Sample)
Private & Confidential Dear , Re: Confirmation of Appointment – Following the successful completion of your probation period on , we are pleased to confirm your appointment as with . Your employment continues on the terms of your contract dated . Your notice period is now , and all other terms remain as set out in your contract. Thank you for your contributions so far – we look forward to your continued success. Yours sincerely,
Probation Extension Letter (Sample)
Private & Confidential Dear , Re: Probation Extension – We refer to your probation period due to end on . We are extending your probation for to to provide additional time for you to meet the requirements of the role. During the extension, we expect the following outcomes: • • • We will review progress in meetings with . Your contractual terms, including notice, remain unchanged during the extension. If you do not meet the above outcomes by , your employment may be terminated in line with your contract and applicable law. Please confirm your receipt and understanding of this letter. Yours sincerely,
Extensions should be used thoughtfully. They’re helpful where there’s steady progress or where training or capacity issues (on either side) mean more time is reasonable. For a broader overview of how extensions fit into the bigger picture, see how UK employers handle Probation Periods in practice.
Legal Considerations: Notice, Pay, Holiday, And Fair Process
Even on probation, your employment obligations still apply. Here are the main areas to get right:
Notice And Termination
- Statutory minimum notice: After one month’s service, the statutory minimum of one week’s notice applies, even if your contract says less.
- Contractual notice: Many SMEs set a one-week notice period during probation; after confirmation, this often rises (e.g. to four weeks).
- Payment in lieu: You can include a right to pay in lieu of notice (PILON) in the contract to allow immediate termination with pay for the notice period.
- Gross misconduct: For serious misconduct, summary termination may be lawful if you follow a fair process and have clear rules. See how to handle Gross Misconduct steps and documentation.
If you’re going to end employment at or before the end of probation, follow a simple, fair process: explain the issues, allow a brief opportunity to respond, and confirm the decision in writing with the correct notice. This sits neatly within an overall framework for Ending an Employment Contract.
Pay, Holiday And Benefits
- Pay: Pay at least the National Minimum Wage/National Living Wage for all hours worked. Overtime, commission and bonuses should follow the contract.
- Holiday: Statutory holiday entitlement accrues during probation. If employment ends, pay untaken accrued holiday on termination.
- Benefits: If certain benefits are deferred until after probation (e.g. private medical), make this explicit in the contract and onboarding materials.
Performance And Conduct
Probation is the ideal time to set expectations and address issues early. Keep your documentation simple and consistent:
- Objectives: Record clear, measurable goals in your probation letter or a brief onboarding plan.
- Check-ins: Schedule regular short reviews; follow up in writing with bullet-pointed feedback and next steps.
- Support: Provide reasonable training and supervision, especially where the role or tools are new to the employee.
- Escalation: If issues persist, use a light-touch plan or formal steps (for example, a Final Written Warning if your policy allows) before considering termination.
Serious issues might justify quicker action, but make sure the decision is supported by facts and a fair process. For truly serious conduct, read up on Summary Dismissal before acting.
Discrimination And Day-One Rights
Even during probation, employees are protected from discrimination and victimisation under the Equality Act 2010 and from automatic unfair dismissal in certain cases (for example, whistleblowing, asserting statutory rights, pregnancy/maternity). Keep decisions evidence-based, avoid assumptions, and document your rationale.
If in doubt, take advice before terminating where a protected characteristic, sickness, pregnancy or whistleblowing could be relevant.
How To Roll Out Probation Letters In Your Business
Strong probation management is more than a template - it’s a short, repeatable workflow your managers can follow. Here’s a simple approach you can implement this week.
1) Align Your Contract And Policies
Make sure your probation clause in the Employment Contract matches what your letters say about length, notice, extension and outcomes. Cross-check your Staff Handbook and performance procedures so the language lines up and managers have a clear playbook.
2) Send The Probation Letter On Day One
Attach the letter to your contract or starter pack. Cover the dates, notice, objectives and check-in cadence. For junior roles, keep goals simple; for senior roles, add 3–5 KPIs with measurable targets so there’s no ambiguity.
3) Mid-Point Review
At six weeks (for a 3-month probation), hold a short review. What’s going well? What’s not? Agree on specific actions for the remaining weeks and confirm them by email. If issues are material, consider moving to a structured plan akin to a basic Performance Improvement Plan.
4) Decide Early
Don’t leave decisions to the last day. If you’re likely to extend or terminate, prepare the paperwork and book the discussion a week in advance. Use the extension or termination letter to clearly state next steps and notice.
5) Close Out With Confirmation Or Next Steps
If the employee passes, send the confirmation letter and update payroll/benefits if terms change post-probation (for example, increased notice or benefits kicking in). If you end employment, follow your fair process and the steps for Ending an Employment Contract to avoid wrongful dismissal risks.
FAQs: Practical Questions We Hear From UK Employers
Can We Terminate Without A Full Disciplinary Process During Probation?
Often yes, provided you act fairly, give brief reasons, allow a short opportunity to respond, and honour notice and holiday pay. You don’t have to run a full-blown capability process, but the more consistent and reasonable your approach, the lower your risk.
Can We Extend A 3-Month Probation?
Yes, if your contract allows it and you communicate the basis for extension and clear targets. Confirm the new end date in writing. Use the extension sparingly and with good reasons (for example, training delays or partial progress).
Does Statutory Notice Apply During Probation?
After one month’s service, the statutory minimum of one week’s notice applies as a floor. Your contract can be more generous, but not less.
Do Employees Accrue Holiday On Probation?
Yes - statutory holiday continues to accrue. If employment ends, you must pay for any untaken accrued holiday.
What If There’s Serious Misconduct?
Consider suspension to investigate, follow a fair process and, if justified, you may proceed to summary termination. Ensure your handbook and policies define misconduct categories and reference your process. For the steps and risk checks, revisit Gross Misconduct.
Key Takeaways
- A 3-month probation is a contractual tool - build it into your Employment Contract and apply it consistently across your business.
- Your probation letter should set dates, objectives, notice, support and outcomes. Use clear, measurable goals and schedule regular check-ins.
- Have three templates ready to go: the initial probation letter, a confirmation letter, and an extension letter with specific targets and a new end date.
- Even during probation, you must follow fair process, pay correct notice and holiday, and avoid discriminatory decisions or day-one rights breaches.
- Decide early - extend or end with a short, fair process and the correct paperwork, following best practice for Ending an Employment Contract.
- Back your letters with aligned policies and a simple manager workflow. Where issues persist, consider a structured plan like a light-touch PIP, and keep records.
If you’d like tailored help drafting probation clauses and letters, aligning your policies, or handling a tricky probation outcome, our team is here to help. Call us on 08081347754 or email team@sprintlaw.co.uk for a free, no-obligations chat.


