At the moment the term and mindset of "probationary period" has no legal significance. In June (all else being equal) that will change, as the "unfortunate" term (which I personally dislike intensely for its associations with criminal punishment, at a time when our outlook should be welcoming and supportive) is being "formalised" in statute to identify an initial period in which LIMITED variations to the eventually intended (and pre-specified) terms and conditions will be permitted to apply. Therefore until June you can treat "probation" in whatever way you wish (within the constraints identified by Keith), after June you might need to review, in light of the new addendum to the requirement for written terms and conditions found in sections 1-4 of the ERA '96 (which changes I have as yet only read in outline).

While still not liking the terminology, the "tying down" in statute of what terms apply to those initial weeks or months (and the fixing of the "offered" terms as final, rather then those eventually revealed in the contract when it is presented) is in my view a significant positive for both new employee and their (responsible) employer; giving a newly sound basis from which the employment can develop positively and with shared clarity.

P