Dismissal During Probation
Can you be dismissed during probation? Understand probationary periods, notice requirements, and your rights if employment ends during probation.
Last updated: 30 January 2025
Probationary periods give both employer and employee time to assess whether the role is right, but specific rules apply to dismissal during this time.
What Is a Probationary Period?
Definition
A probationary period is:
- Initial assessment period
- Typically 3-6 months
- Allows evaluation of suitability
- Often has different terms
- Not required by law (contractual)
Purpose
| For Employer | For Employee |
|---|---|
| Assess capability | Evaluate role |
| Check cultural fit | Try workplace |
| Test skills in practice | Assess management |
| Easier to end if not working | Shorter commitment |
Common Features
| Feature | Typical Terms |
|---|---|
| Length | 3-6 months |
| Notice period | 1 week (often shorter than confirmed) |
| Reviews | Monthly or quarterly |
| Extension | Possible if concerns |
Legal Position
No Special Legal Status
Probationary periods:
- Are contractual, not statutory
- Don't remove employment rights
- Don't change qualifying periods
- Are about contract terms, not law
Rights During Probation
You still have:
| Right | Status |
|---|---|
| Written statement of terms | After 2 months (now day 1) |
| National minimum wage | From day 1 |
| Working time protections | From day 1 |
| Discrimination protection | From day 1 |
| Statutory notice (after 1 month) | From day 1 |
| Unfair dismissal | After 2 years |
Dismissal During Probation
Employer's Position
Easier to dismiss because:
- Often shorter notice period
- No unfair dismissal claim (under 2 years)
- Assessment period expected
- Concerns can be addressed quickly
Process Requirements
Even during probation, good practice:
- Raise concerns during probation
- Give opportunity to improve
- Have review meetings
- Explain what's needed
- Follow any policy
What Employer Should Do
| Step | Action |
|---|---|
| Regular reviews | Discuss performance |
| Feedback | Clear about expectations |
| Support | Provide training/help needed |
| Documentation | Record concerns and discussions |
| Final review | Before decision to dismiss |
Notice Periods
Contractual Notice
Check contract for:
- Probationary notice period
- Often 1 week
- May be different from post-probation
- Both parties bound by it
Statutory Minimum
| Service | Minimum Notice |
|---|---|
| Under 1 month | None required |
| 1 month to 2 years | 1 week |
Payment in Lieu
Employer may:
- Pay instead of notice (PILON)
- Require garden leave
- Allow you to work notice
Grounds for Dismissal
Common Reasons
| Reason | Examples |
|---|---|
| Performance | Not meeting standards |
| Attendance | Excessive absence |
| Conduct | Behaviour issues |
| Fit | Not suited to role/team |
| Skills | Capability gaps |
What's Not Acceptable
Even during probation, cannot dismiss for:
- Protected characteristics (discrimination)
- Pregnancy or maternity
- Whistleblowing
- Health and safety complaints
- Trade union membership
- Asserting statutory rights
Extending Probation
When Extended
Probation may be extended if:
- More time needed to assess
- Performance improving but not there yet
- External factors affected assessment
- Both parties agree
Extension Terms
| Aspect | Consideration |
|---|---|
| Length | Usually 1-3 months more |
| Notice | Usually same terms |
| Review points | Should be clear |
| Expectations | What needs to improve |
Must Be Agreed
Extension typically requires:
- Clear communication
- Agreement (may be in original contract)
- Documentation
- Set end date
Your Rights
If Dismissed During Probation
You're entitled to:
- Contractual notice (or PILON)
- Statutory notice (after 1 month)
- Accrued holiday pay
- Any expenses owed
- Written reason (if requested, after 2 years - so not during probation)
Protection Still Applies
Can still claim if dismissal was:
- Discriminatory
- For whistleblowing
- For asserting statutory rights
- Breach of contract
- Other automatically unfair reason
Challenging Dismissal
Possible Claims
| Claim | Requirement |
|---|---|
| Wrongful dismissal | Didn't get correct notice |
| Discrimination | Protected characteristic involved |
| Automatic unfair dismissal | Protected reason applies |
| Breach of contract | Other terms breached |
What You Need
Evidence of:
- Discrimination (if claiming)
- Notice not given/paid
- Breach of contract terms
- Protected reason for dismissal
Practical Steps
- Get dismissal in writing
- Check what notice you're owed
- Review reasons given
- Consider if discrimination involved
- Seek advice if concerns
Best Practice for Employees
During Probation
| Do | Don't |
|---|---|
| Ask for feedback | Wait for formal review |
| Address concerns raised | Ignore warnings |
| Document your achievements | Assume you'll pass |
| Ask questions | Pretend to understand |
| Be reliable | Miss deadlines |
If Struggling
- Raise concerns early
- Ask for help/training
- Document your efforts
- Understand expectations
- Consider if role is right
At Risk of Dismissal
- Request meeting to discuss
- Ask what's needed to pass
- Get concerns in writing
- Keep evidence of your work
- Consider options early
Probation Reviews
What to Expect
| Review Type | Content |
|---|---|
| Mid-probation | Progress check |
| End of probation | Final assessment |
| Informal | Ongoing feedback |
Preparing for Reviews
- Gather evidence of achievements
- Note any challenges faced
- Have questions ready
- Be honest about difficulties
- Ask about expectations
Possible Outcomes
| Outcome | Meaning |
|---|---|
| Pass | Confirmed in post |
| Extend | More time to assess |
| Fail | Employment ends |
Specific Situations
Sickness During Probation
- Cannot dismiss just for being sick
- But sickness may affect assessment
- May extend probation for absence
- Disability discrimination still applies
Pregnancy During Probation
- Cannot dismiss for pregnancy
- Must treat same as others
- Pregnancy discrimination from day 1
- Maternity rights accrue
Performance Issues
Fair approach during probation:
- Identify specific concerns
- Discuss with employee
- Provide support/training
- Set clear expectations
- Review progress
- Make fair decision
After Probation
Passing Probation
Usually means:
- Confirmed in role
- Longer notice period applies
- Same employment continues
- Service counts from start date
Terms Change
May include:
- Longer notice period
- Additional benefits
- Confirmed status
- Continued service count
Key Points
For Employees
- Probation is contractual, not statutory
- Basic rights apply from day 1
- Unfair dismissal needs 2 years' service
- Discrimination protection from start
- Check notice terms in contract
Takeaways
- Take probation seriously
- Seek feedback regularly
- Address concerns quickly
- Know your contractual terms
- Get advice if dismissed unfairly
Related answers
Notice Periods UK: Employer's Guide
Statutory and contractual notice periods explained. How much notice to give, payment in lieu, garden leave, and handling notice period issues.
Dismissal With Less Than 2 Years' Service
What are your rights if dismissed with under 2 years' service? Understand what protection you have and what claims you can bring.
Frequently Asked Questions
- Can I be dismissed during my probationary period?
- Yes. Probationary periods are designed to assess suitability, and employers can dismiss if you're not meeting requirements. However, you still have rights - you're entitled to notice (often shorter during probation) and protection from discrimination.
- Do I have unfair dismissal rights during probation?
- Usually no. You need two years' continuous service to claim ordinary unfair dismissal. During probation (typically 3-6 months), you won't have accrued this right unless it's an automatically unfair reason or discrimination.
- What notice am I entitled to during probation?
- Check your contract - many have shorter notice periods during probation (often one week). You're always entitled to at least statutory minimum notice (one week after one month's service).