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Details of any probationary period should be included in your contract. Check your contract for the following: 

• Is there a probationary period?  
• How long is the probationary period? 
• What support will you get? 
• Will you get a pay rise if you successfully complete your probation? 
• Can it be extended? 
• In what circumstances can your employer terminate your contract during this period? What reasons do they need and what process do they need to follow? 

If you are a newly-qualified nurse and you are offered an NHS contract, also check the ‘preceptorship’ section of your terms and conditions.  

Some employers will offer employees less favourable terms and conditions and a lower salary during their probationary period. They can do this provided it is written in the contract. However, they cannot take away your .

Continuity of employment

Your continuity of employment should start on your first day of work, not when the probationary period has ended. In other words, you should be treated as an employee from day one. This becomes important if your employer uses continuity of employment (that is, length of service) for certain entitlements, such as the amount of annual leave you receive.

Extensions

The length of your probationary period and whether it can be extended should be stated in your contract.

Extensions should be a reasonable length and for a specific purpose. For example, you might have been absent from work due to sickness and been unable to demonstrate that you have met certain probationary criteria. When extending your probation period, your employer should outline:

• the reason why you can’t be confirmed in post
• the specific improvement required or goals to be achieved during the extended probation period
• the new date when the probation period will end.ÃÛÌÒÖ±²¥¯

These details should be provided in writing; if they are not, ask for them in writing.

If the employer does not have a contractual right to extend the probationary period, you may be asked to agree to a variation of contract to allow for an extension. You should consider accepting this if your contract will be terminated otherwise.

Notice

Your notice period should be detailed in your contract and may be reduced during your probationary period. Read more about notice periodsÃÛÌÒÖ±²¥¯in our advice guide. Similarly, your contract may allow for you to be dismissed during your probation period on shorter notice than would be given once you are confirmed in post, subject to the minimum statutory notice entitlements. ÃÛÌÒÖ±²¥¯

Preceptorship

The NMC recommends that all newly-qualified nurses have a period of preceptorship when commencing employment. See our guidance on NMC and preceptorship, which includes information about the framework required within the NHS and independent sector.

 

It is important that you have an effective induction to the role so that you understand what is expected of you.  

If you are on probation and there are performance issues, check your contract and any relevant policies. 

Your line manager should arrange regular meetings with you to discuss your progress and any support you may need. Your work objectives should be communicated when you start your job, and should be Specific, Measurable, Achievable, Relevant and Time bound (SMART). If your objectives have not been communicated to you, ask for them. 

Review meetings 

Your employer should hold regular meetings with you to discuss whether you are meeting your objectives, and what steps to take if you are falling short. They should not wait until the end of the probationary period to identify or try to address any underperformance or lack of capability. If you get halfway through your probation period and have not had any probation review meetings, ask for one. 

Ill health and absence 

Some probation policies may stipulate that a certain level of attendance must be achieved to pass your probation. However, if you have a disability or long-term condition that may affect your attendance, you should make your employer aware. Employers are obliged to consider making 'reasonable adjustments' to ensure that staff with disabilities are not disadvantaged. This can include allowing a higher threshold of absence for staff with disabilities before formal action is taken. See our guidance on disability discrimination for more information. 

If there is still no likelihood of you being able to fulfil your contractual obligations, despite changes and/or reasonable adjustments, the employer can dismiss you on the grounds of ill health. Your employer should follow a fair and reasonable process. 

If your employer is considering dismissing you because you have not met your probation objectives, you could ask them if theyÃÛÌÒÖ±²¥™ll extend your probation period or give you extra training to support you in your role. They donÃÛÌÒÖ±²¥™t have to agree, however, and there is nothing to stop them dismissing you. Your employer should still follow a fair and reasonable process.

If you fail your probation, your employer may give you a letter confirming that it was unsuccessful and your employment is ending. A failed probation letter usually states the specific reasons why your employer believes that you haven't met the required standards. If you don't agree with the decision to end your employment, you may be able to appeal the decision.

Automatically unfair dismissal

Legally, you have limited protection from dismissal if you have been employed for less than two years (one year if you are working in Northern Ireland). If you have been dismissed before having worked for your employer for two years, or one year in Northern Ireland, you may be able to claim automatically unfair dismissal at an employment tribunal (or industrial tribunal in Northern Ireland).

In law, automatically unfair reasons for dismissal include:

• taking action about a health and safety issue, such as whistleblowing
• asserting a statutory right, for example, taking leave for family reasons, including pregnancy and maternity, taking leave for family emergencies or to care for dependents, or asking to be paid minimum wage
• taking part in trade union activities.ÃÛÌÒÖ±²¥¯

If considering dismissal, your employer should follow their normal capability and performance procedures; see our Capability guide for more on this. You have the same rights to a fair process and entitlement to know the reason for the action as a permanent employee.

For certain unfair dismissal claims, including whistleblowing or raising a health and safety issue, you might be able to get ÃÛÌÒÖ±²¥˜interim reliefÃÛÌÒÖ±²¥™. This is where your employer must either reinstate you, re-engage you in an alternative role, or keep paying your wages while you apply to the employment tribunal. You must apply for interim relief within seven days of being dismissed. See more about this on the website.

Seek advice as soon as possible

If you think that your dismissal was unreasonable, unfair, or for one of the automatically unfair reasons described above, please contact us without delay, as there are strict time limits to make a claim to an employment tribunal (industrial tribunal in Northern Ireland). In most cases, a claim to an employment tribunal must be received by the tribunal within three calendar months less one day of the date on which your employment is terminated. Read more in our dismissal advice guide.

In law, your employer cannot discriminate against you, or dismiss you, because of a protected characteristic. See details of those protected characteristics, and types of discrimination, in our Discrimination guide.

If you are experiencing discrimination, you should read your employerÃÛÌÒÖ±²¥™s equality and diversity policy, and then follow the steps in our Problems at work checklist and raise your concerns with your manager.

If you are not satisfied with your manager's response, you should contact us as soon as possible, as a discrimination claim must be brought within 3 months of the incident.

RCN representatives donÃÛÌÒÖ±²¥™t usually attend informal probation meetings. If the meeting is informal but your employer has said that you can be accompanied, you could consider taking a colleague along to take notes for you and talk things over with during the meeting. 

If you have been invited to a meeting but are unsure whether it is formal or informal, ask your manager for clarification. Also ask who will be in attendance and whether you can be accompanied. 

If you have been invited to a formal probation meeting, and feel that there is a strong likelihood that you will be dismissed, for example, your manager has suggested you may be dismissed, or you have been set objectives that you know you have not met, gather your local probation policy, your contract, and any relevant correspondence, and contact us.  

If you have been dismissed but your contract or probation policy allows for an appeal, contact us as soon as possible for support, as there is usually a very short deadline to appeal.