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Employers often require new employees to complete a probationary period before they will confirm them in post. However, just because an employee is "on probation" does not mean that he or she has no statutory employment rights.
We set out six key action points to help employers comply with the rights of employees who are in their probationary period.
1. Probationary periods at work have no special statutory status
Probationary periods have no special legal status and employees who are on probation enjoy the same statutory employment rights as other staff.
An employee's length of service determines his or her statutory rights and the fact that they are on probation has no bearing on this.
For example, probationers are protected against unlawful discrimination, detrimental treatment and automatically unfair dismissal in the usual way.
They are also entitled to the national minimum wage, statutory sick pay, rights under the working time rules and time off work in certain circumstances.