Dismissed During Probation Period UK

Probation periods are not specifically defined in UK employment legislation — they are contractual arrangements between employer and employee. The terms of a probation period, including its length and any reduced notice provisions, are typically set out in the employment contract. Many employers use probation periods of three to six months, during which they may apply a shorter notice period than the standard contractual notice. However, even during probation, statutory minimum notice of one week applies once the employee has been continuously employed for one month or more, under section 86 of the Employment Rights Act 1996. If an employer dismisses someone during probation without following their own contractual procedures, this could amount to a breach of contract.

Common situations include: being dismissed before the probation period ends without clear reasons, being told the role is not a good fit with no further explanation, having a probation period extended without agreement, being dismissed during probation for raising concerns about workplace practices, not receiving any performance reviews during probation despite the contract requiring them, and being dismissed during probation while pregnant or after disclosing a disability.

The Employment Rights Act 1996 (ERA 1996) provides the framework for dismissal rights. Section 86 requires employers to give at least one week’s statutory notice after one month of continuous employment. Section 94 provides the right not to be unfairly dismissed, but section 108 generally requires two years’ qualifying service for ordinary unfair dismissal claims. However, there are important exceptions — no qualifying period is needed for automatically unfair dismissals, which include dismissals related to pregnancy (s.99 ERA 1996), whistleblowing (s.103A ERA 1996), or asserting a statutory right (s.104 ERA 1996). The Equality Act 2010 protects employees from day one against dismissal on grounds of a protected characteristic.

People dismissed during probation often consider whether the employer followed the contractual probation procedure, whether the dismissal might be connected to a protected characteristic under the Equality Act 2010, whether they received the correct notice or pay in lieu. Some explore whether raising a grievance with the employer might be worthwhile, while others look into whether early conciliation through ACAS could help resolve the matter. In cases where discrimination or an automatically unfair reason is suspected, seeking advice from a solicitor or Citizens Advice may be a useful step.

Common mistakes include: assuming that being on probation means having no employment rights at all, not checking the employment contract for specific probation terms and notice requirements, failing to request written reasons for dismissal (employees with two years’ service have this right under s.92 ERA 1996, but it is always worth asking), not keeping records of performance feedback or communications during the probation period, and missing the three-month less one day time limit for bringing an employment tribunal claim.