Can you dismiss an employee during probation?

During a probationary period, employees have fewer statutory protections — but they are not unprotected, and this changes significantly with the Employment Rights Act 2025.

The current position (until 1 January 2027)

To bring an ordinary unfair dismissal claim, an employee needs two years' continuous service. Most probation dismissals fall well within that two-year window, so employers can act more decisively — provided day-one rights are respected.

From 1 January 2027

The qualifying period for ordinary unfair dismissal drops to six months. This has direct implications for probation:

• An employee hired in July 2026 on a 6-month probation ending in January 2027 may gain unfair dismissal protection before their probation ends.
• The "probation buffer" disappears for any role where probation is 6 months or longer.
• Employers using shorter probation periods (3–4 months) preserve some flexibility but still need a fair process.

Day-one rights — always applicable

Whatever the qualifying period, these rights apply from day one and cannot be removed by a probationary clause:

• Automatic unfair dismissal — whistleblowing, pregnancy, asserting a statutory right, trade union activity.
• Discrimination claims under the Equality Act 2010 — direct, indirect, harassment, victimisation, plus failure to make reasonable adjustments for a disability.
• Wrongful dismissal — failure to give contractual or statutory notice.

A probation dismissal that, for example, follows a request for pregnancy-related sick leave can be automatically unfair regardless of length of service.

Best practice for probation dismissals

1. Set clear objectives at the start of probation, ideally in writing.
2. Give documented feedback during the probation period — never let the first formal feedback be the decision to dismiss.
3. Hold a formal probation review meeting before deciding. The employee should know it is a review and should be allowed to respond to any concerns.
4. Give the reason for dismissal in writing, even if you are not strictly required to.
5. Always give contractual or statutory notice — failing to do so is wrongful dismissal regardless of unfair dismissal status.

What to do before January 2027

• Review your standard probation length. Consider whether 3 or 4 months is sufficient.
• Tighten your probation review process. It needs to be defensible as a fair procedure from January 2027.
• Train managers in giving probationary feedback and conducting probation reviews.
• Update contracts to make probation terms explicit and clear.

The official guidance from ACAS on dismissals during probation is at ACAS — Dismissals.