The Employment Appeal Tribunal ruled in July 2026 that where an employment contract specifies a trial or probationary period shorter than the statutory minimum notice period, the employer must still give the longer statutory minimum if the employee has completed one month of service. The contractual trial period clause is valid for other purposes but cannot reduce the statutory minimum notice entitlement.
Employment Appeal Tribunal clarifies notice rights during a probationary period
Employment Appeal Tribunal sets out when a probationary-period dismissal must follow the full statutory minimum notice procedure and when a shorter contractual period applies.
Area Employment
Type Court ruling
Published 22 July 2026
Status In force / published
What this means in practice
This court ruling affects Employment matters in England & Wales. It is now published and applies. If this area of law is relevant to your situation, review any contracts, notices or deadlines that may be affected.
Read the official text
Primary source
Employment Rights Act 1996 — legislation.gov.ukThis item summarises a legal development for general information only. It is not legal advice. Always check the official text and, for your own situation, consult a qualified lawyer.