Probationary Period: What Happens If You Do Nothing

Probationary periods give employers time to assess whether a new employee is the right fit for their role. But what happens if the probation period comes to an end and neither the employer nor the employee receives any written confirmation?

In the UK, the general rule is that if the probation period expires without the employer extending it or ending employment, the employee is deemed to have successfully passed. At that point, they should be treated as a permanent employee, with all the associated contractual terms and benefits.

This article explains what happens if probation ends without confirmation, the legal and practical implications for both employees and employers, and why it’s always best practice to confirm the outcome in writing.

Jump to a section:

• What probation periods still matter for employers
• The benefits of a structured probation period
• What happens at the end of probation?
• What does it mean if probation ends without confirmation?
• Do employers have to confirm probation in writing
• What employees should do if they don’t get confirmation

Why Probation Periods Still Matter for Employers

Some legal experts take the view that formal probation periods for new hires are unnecessary, primarily because anyone employed since 6 April 2012 must accrue two years’ continuous service before they can claim unfair dismissal.

However, the truth is that a well-structured probation period, typically lasting between three and six months, offers employers a number of hidden advantages.

The Benefits of a Structured Probation Period

Shorter notice periods
With a carefully worded probation clause, you can apply much shorter notice requirements throughout the probation period, such as one week (or even less during the first month).

Flexibility in procedures
It is also acceptable to disapply the full disciplinary procedure during probation, provided this is stated clearly in the contract.

Setting expectations early
By subjecting a new hire to probation, they are acutely aware that:

• • Their performance is under constant review.

  • They are at risk of dismissal if their conduct or performance isn’t up to standard.

This often motivates employees to perform at their best from the outset, while also preparing them for the reality of ongoing performance monitoring.

Adequate training and assessment time
Probation periods should be long enough for both training and assessment. Our advice is to make probation six months in length: three months for training, and three months for the employee to demonstrate their capability without hand-holding.

What Happens at the End of Probation?

At the end of probation you can:

• • Confirm employment;

  • Apply an extension (if justified and confirmed before probation ends); or

  • Terminate employment if the fit isn’t right.

But what if you do nothing, perhaps because you’ve been busy, and the probation period expires with no action taken?

What It Means If Probation Ends Without Confirmation

In many cases, if a probation period expires without being extended or terminated, the employee is treated as having passed probation, and employment continues on the standard contractual terms.

Important note: Some contracts state that probation is only confirmed once this is put in writing. Where such clauses exist, the situation can be less clear, and employers should ensure they communicate decisions before the probation end date to avoid disputes.

Do Employers Have to Confirm Probation in Writing?

There is no statutory requirement to confirm probation outcomes in writing, but it is strongly recommended. Written confirmation:

• • Provides clarity for both parties.

  • Avoids disputes about notice periods, benefits, or employment status.

  • Demonstrates good HR practice.

Tip: As part of the probation process, you should carry out a final review. The law allows this to be done shortly after probation has expired, provided you reserved this right and the review takes place within a reasonable timeframe.

What Employees Should Do If They Don’t Get Confirmation

If your probation ends and you haven’t heard from your employer, you should:

1. 1. Check your contract for clauses requiring written confirmation.

   2. Review correspondence to see if an extension or outcome has been documented.

   3. Ask HR or your manager politely for written confirmation of your status.

In most cases, silence means you have passed probation, but it’s always safer to have this confirmed in writing.

If you want continual access to the most up-to-date employment contracts/handbooks / HR documents/templates, including all that you need to deal with probationary periods, please have a look at our Online HR Toolkit.

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