Can You Dismiss an Employee During Probation?

One of the most common questions employers ask is:

"Can I dismiss an employee during their probation period?"

The simple answer is yes. However, many employers mistakenly believe that a probation period allows them to dismiss an employee without following any process or providing any explanation.

While probation periods can make it easier to end employment where an employee is not suitable for the role, employers should still act fairly, follow their own procedures and ensure decisions are well documented.

In this guide, we'll explain what probation periods are, how they work and what employers should consider before dismissing an employee during probation.

What Is a Probation Period?

A probation period is an initial period of employment during which an employer assesses whether a new employee is suitable for the role.

Probation periods typically last between three and six months, although this can vary depending on the organisation and position.

During probation, employers may assess:

• Performance

• Attendance

• Conduct

• Capability

• Cultural fit

• Reliability and professionalism

The purpose of probation is to provide both the employer and employee with an opportunity to determine whether the employment relationship is likely to be successful.

Do Probation Periods Have Legal Status?

Contrary to popular belief, probation periods do not have a specific legal status under employment law.

Instead, probation periods are contractual arrangements agreed between the employer and employee.

This means that employers should ensure probation arrangements are clearly set out in employment contracts and supported by appropriate policies and procedures.

Can You Dismiss an Employee During Probation?

Yes.

If an employee is not meeting the required standards during their probation period, an employer may decide to terminate their employment.

Common reasons for dismissal during probation include:

• Poor performance

• Unsatisfactory attendance

• Misconduct

• Failure to meet role requirements

• Lack of capability

• Concerns regarding suitability for the role

However, employers should avoid making rushed decisions without evidence or discussion.

A dismissal that appears unfair or discriminatory could still create significant legal and employee relations issues.

Should Employers Follow a Process?

Absolutely.

Although the process during probation is often less formal than for established employees, employers should still follow a reasonable and fair approach.

Good practice includes:

Providing Clear Expectations

Employees should understand what is expected of them from the outset.

This includes:

• Job responsibilities

• Performance standards

• Behavioural expectations

• Attendance requirements

Holding Regular Review Meetings

Probation reviews provide an opportunity to discuss progress, identify concerns and offer support.

Regular meetings help avoid situations where employees are unaware of issues until dismissal is being considered.

Giving Employees an Opportunity to Improve

Where concerns arise, employers should explain:

• What the issues are

• Why they are a concern

• What improvement is required

• What support will be provided

Improvement periods may not always be necessary, particularly in cases involving serious misconduct, but they are often appropriate where performance concerns exist.

Keeping Written Records

Managers should document:

• Review meetings

• Feedback provided

• Concerns raised

• Support offered

• Decisions made

Accurate records can be invaluable if decisions are later challenged.

How Much Notice Must Be Given?

The amount of notice required will depend on the employee's contract and length of service.

Many employment contracts provide for a shorter notice period during probation, such as one week.

Where no contractual notice applies, statutory minimum notice requirements may need to be considered.

Employers should always check the employee's contract before proceeding with dismissal.

What Risks Should Employers Be Aware Of?

Although employees with less than the qualifying service period generally have limited protection against ordinary unfair dismissal claims, employers should still exercise caution.

Dismissal decisions must not be based on:

• Protected characteristics

• Pregnancy or maternity

• Whistleblowing activities

• Health and disability-related discrimination

• Trade union activities

• Other automatically unfair reasons

Claims relating to discrimination and certain other rights can arise regardless of an employee's length of service.

This is why fair treatment and careful documentation remain important throughout probation.

Can a Probation Period Be Extended?

In many cases, yes.

If an employee is showing potential but requires additional time to demonstrate their suitability, employers may choose to extend the probation period.

Extensions should:

• Be permitted under company procedures

• Be confirmed in writing

• Clearly explain expectations

• State the length of the extension

• Outline the required improvements

An extension can often provide a practical alternative to immediate dismissal.

Best Practice Tips for Employers

To manage probation periods effectively, employers should:

✔ Set clear objectives from day one

✔ Schedule regular review meetings

✔ Address concerns early

✔ Document discussions and outcomes

✔ Provide reasonable support and training

✔ Follow contractual procedures

✔ Make decisions based on evidence rather than assumptions

A well-managed probation process helps employers make informed decisions while reducing the risk of disputes.