Yes, an employee can be dismissed during a probation period. But probation does not remove their employment rights, and a hurried decision can create problems for both the employee and the organisation. For a small charity or social enterprise, the most useful starting point is a clear record of what was expected, what has happened and what support has been offered.
The rules are also changing. From 1 January 2027, employees in England, Scotland and Wales will only need six months’ service, rather than two years, to bring an ordinary unfair dismissal claim. That makes regular probation conversations more valuable than an end-of-period meeting held after concerns have been allowed to build.
What is a probation period?
A probation period is an agreed period at the start of employment for both sides to see how the role is working. It is not a legal requirement. Many organisations currently use three to six months, although the length should suit the role and be clear in the contract or written terms. A specialist role may need more time for training and assessment.
Probation should help a manager explain the standards of work, conduct and attendance expected, provide feedback and identify support. It should also give a new employee the chance to ask questions and settle into the organisation. It is a process, not a promise that employment can be ended without care.
What rights does an employee have during probation?
The employee remains entitled to statutory rights, including the National Minimum Wage, paid annual leave and, if eligible, Statutory Sick Pay. Protection against discrimination and most automatically unfair reasons for dismissal can apply from the start of employment. The organisation must also honour its contractual terms and the statutory minimum notice rules.
Be particularly careful where a concern involves sickness, disability, pregnancy, family leave, whistleblowing or a health and safety complaint. For example, repeated absence might seem to be a probation concern, but the manager needs to understand the reason for it and consider any relevant adjustments before deciding what to do.
When can you dismiss an employee during probation?
A genuine inability to meet the role’s requirements, repeated conduct concerns or an attendance issue may lead to dismissal if the facts support that decision and the organisation has responded fairly. “Not the right fit” is too vague on its own. Explain the actual standard that has not been met and avoid relying on subjective impressions about someone’s personality.
Until 31 December 2026, an employee generally needs two years’ service to claim ordinary unfair dismissal in Great Britain. That does not prevent a claim for discrimination, wrongful dismissal or many automatically unfair reasons, even during the first weeks of employment. Follow your policy and seek specific advice where there are signs of one of these risks.
How to handle a probation dismissal fairly
Good probation management starts before the final meeting. Give the employee objectives and a realistic chance to demonstrate progress. Record examples of concerns, rather than general comments, and agree what improvement would look like and by when. Consider whether training, guidance, (reasonable) adjustments or an extension permitted by the contract would help.
If your managers would welcome a starting point, they can request Roots HR’s free Setting objectives factsheet to help make expectations clear from the outset.
If dismissal remains a possibility, invite the employee to a review meeting and explain the concerns and possible outcome in advance. Let them respond and consider what they say before reaching a decision. Check the organisation’s policy and whether the circumstances call for a formal capability or disciplinary procedure, including any accompaniment or appeal provisions. Confirm the outcome, reasons, notice and final pay in writing. Offering an appeal is not a statutory requirement, but is good practice and may be an internal policy requirement.
Probation dismissal checklist
- Check the contract, probation policy and relevant legal risks.
- Review the objectives, meeting notes, examples and support offered.
- If there is a disability that impacts performance, assess you have considered all reasonable adjustments first.
- Tell the employee the concerns and that dismissal is a possible outcome.
- Meet, listen and consider any explanation or alternatives.
- Make and document a reasoned decision; offer an appeal.
- Confirm the decision in writing and calculate notice, pay and untaken holiday.
What notice and final pay are due?
After at least one month’s service, an employee is entitled to a minimum of one week’s statutory notice. The contract may provide for more. Check whether the employee will work their notice or whether a contractual payment in lieu provision applies. Summary dismissal without notice is reserved for gross misconduct and still requires a fair procedure.
Final pay should include wages due, any notice pay owed and payment for accrued but untaken statutory holiday. Check contractual holiday terms as well. Give the employee a clear breakdown so they can understand the calculation.
What can go wrong?
Wrongful dismissal is usually a breach of contract, for example failing to give the notice owed. Unfair dismissal concerns the fairness of the reason and process where the employee has the qualifying service, or an automatically unfair reason applies. Discrimination claims do not depend on two years’ service. These are different risks, and one dismissal can raise more than one of them.
If your probation documents or manager guidance have not been reviewed recently, an HR Healthcheck can help you review your HR processes and identify gaps.
What changes on 1 January 2027?
Under the Employment Rights Act 2025, the ordinary unfair dismissal qualifying period will reduce from two years to six months for dismissals from 1 January 2027. An employee with at least six months’ service on that date will therefore qualify for protection and cannot be fairly dismissed without one of the five potentially fair reasons. The right to request written reasons for dismissal will also move to six months. The new law does not make probation periods mandatory or prohibit dismissals after six months: a fair reason and process remain central.
Review when managers set objectives, hold meetings and raise concerns. Although it is a good idea to set your final probation review at the end of the 3rd month, do not assume that shortening every probation period is the answer; a specialist post may need a longer assessment period and where reasonable adjustments take time to take meaningful effect, you may need to allow for a longer review period.
The practical aim is to make timely, fair decisions with evidence, while allowing employees a genuine opportunity to improve.
Frequently asked questions
Do you need a reason to dismiss someone on probation?
Under the current rules, an employee usually needs two years’ service to bring an ordinary unfair dismissal claim, but that does not mean you should dismiss without a clear reason. Concerns might relate to performance, conduct or attendance. Identify the specific issue, check the evidence and consider what support or feedback the employee has already received. Give them an opportunity to respond before making a decision. The reason must not be discriminatory or automatically unfair, and you should follow any process promised in the contract or your probation policy. Explaining the decision in writing also helps the employee understand it and gives your organisation a clear record.
Can you dismiss an employee on probation without notice?
Usually, no. Once an employee has completed one month’s service, they are normally entitled to at least one week’s statutory notice, even if they are still on probation. Their contract may give them a longer notice period, so check it before confirming an end date or payment in lieu. If they have worked for less than a month, a contractual notice requirement may still apply. Dismissal without notice is generally reserved for gross misconduct established through a fair process; failing probation or missing performance targets is not, by itself, gross misconduct. Remember to calculate final pay and accrued but untaken holiday too.
When can an employee challenge a probation dismissal?
Although there is no statutory right to appeal a probation dismissal, offering an appeal is good practice because it may identify overlooked legal risks before the matter reaches Acas.
An employee may still challenge a probation dismissal even if they have only worked for a short time. For example, they may bring a discrimination claim or a claim based on an automatically unfair reason, such as the belief that they were dismissed following them raising a whistleblowing concern or because they did not have the right reasonable adjustments to enable them to do their role, without the usual two years’ service.
They may also claim wrongful dismissal if the organisation breaches the contract, including by failing to give the notice owed.
Ordinary unfair dismissal generally requires two years’ service under the current Great Britain rules. For dismissals from 1 January 2027, that qualifying period reduces to six months, including for employees who have already reached six months’ service by that date.
Need support with probationary dismissals?
Managing a probationary dismissal can feel uncertain, especially when your organisation does not have in-house HR support. You may be balancing the needs of your service with a desire to give the employee a fair opportunity to improve.
At Roots HR, we provide practical, people-focused advice to charities and social enterprises on probation reviews, performance concerns and dismissal decisions. We can help you consider your options and take the next step with confidence.
As part of our social impact commitment, we offer up to one hour of free HR consultancy to eligible social sector organisations. You can use your free hour to:
- Discuss a live probation or performance concern.
- Review your probation policy, letters and meeting notes.
- Consider support or alternatives before making a dismissal decision.
- Prepare your managers and documents for the January 2027 changes.
Our consultants can support you by phone, email or Microsoft Teams. You can use the hour in one session or split it into shorter conversations to suit your organisation.
If you would like support with a probationary dismissal or your wider process, book your free HR consultation with Roots HR. We would be pleased to help. This article is general guidance; seek advice on the facts of a live case before deciding to dismiss.
