Probation is one of those things every small business "does" without necessarily knowing what it actually changes legally. It's less protective than most employers assume, and getting the confirmation step wrong is a common, avoidable mistake.
There's no fixed statutory probation length
The Employment Act doesn't mandate a specific probation period — it's whatever the employment contract states, commonly somewhere between one and six months for shift-based roles. What matters legally is that it's clearly stated in writing, including what happens if it isn't formally confirmed by the end date.
An employee on probation is still an employee
Probationary staff are entitled to the same core statutory protections as confirmed staff — rest days, overtime pay, annual and sick leave accrual, and the general protections against arbitrary dismissal still apply. Probation is not a legal gray zone where normal rules pause; it primarily affects notice period length and how straightforward it is to end the arrangement if performance genuinely isn't working out.
What "not confirmed" actually means if you go silent
If a contract says probation is, say, three months and the employer simply never issues a confirmation letter after that date, the safer legal position is generally that the employee is treated as confirmed by conduct — silence isn't the same as an active decision to extend probation. If you genuinely need more time to assess someone, extend probation explicitly and in writing before the original period ends, not after.
Ending employment during probation
Terminating a probationary employee still requires following the notice period stated in the contract (or paying indemnity in lieu), and should still be for a genuine, defensible reason — not simply undocumented dissatisfaction. Keeping a short written record of performance issues during probation matters just as much as it does for confirmed staff if the termination is ever challenged.
The practical takeaway
Put a specific probation length and confirmation process in writing, calendar the confirmation date so it doesn't slip past silently, and extend explicitly in writing if you need more time — never let it lapse without a decision either way.