Dismissing an Employee During Their Probation Period

At Norton Loxley, we know that dismissing someone during their probation period is often uncomfortable, but sometimes it is the right one for you, your team and your business. In this guide, we walk you through how to manage termination during a probationary period in the UK in a way that is fair, compliant and commercially sensible. We look at when dismissal during probation may be appropriate, how to run a robust probationary period review meeting, and what you need to watch out for around unfair dismissal and discrimination. Our aim at Norton Loxley is to give you clear, practical steps so you can handle these situations confidently, support your managers and protect your business relationships.

Key takeaways

• A probation period is a trial period, usually lasting between three and six months, used to assess performance, conduct and suitability for the role.
• You can usually dismiss an employee during probation, but you still need to follow a fair process and comply with notice, contract terms and discrimination law.
• Employees on probation have day-one rights including protection from discrimination, automatic unfair dismissal in certain situations, statutory leave entitlements and statutory notice once they have one month’s service.
• Well-run probationary period review meetings help you explain concerns, hear the employee’s response and decide whether to support, extend or end employment.
• Clear records, regular feedback and consistent decision-making reduce the risk of wrongful dismissal, discrimination claims and unnecessary disruption to your business.
• Planned changes under the Employment Rights Act 2025 are expected to reduce the qualifying period for ordinary unfair dismissal claims from two years to six months from 1 January 2027, which will make timely probation management even more important.

What probation means for employers

Why probation periods are used

Probation periods give you a defined window to assess whether a new employee can do the job, meet expected standards and work well within your team and culture. They also give the employee time to decide whether the role and the business are right for them, which makes probation a two-way process rather than a one-sided test.

Why structured probationary periods are becoming more important

Historically, many employers have relied on the fact that employees generally needed two years’ continuous service before gaining protection from ordinary unfair dismissal claims. However, planned reforms under the Employment Rights Bill are expected to reduce that qualifying period to six months from 1 January 2027.

This means employers will have a much shorter window to assess suitability, address concerns and make decisions about continued employment before ordinary unfair dismissal rights arise. A structured probationary period is therefore becoming an increasingly important risk-management tool rather than simply an administrative stage of onboarding.

At Norton Loxley, we recommend implementing a clear probation framework that includes documented objectives, regular review meetings, written feedback and a formal decision point before six months’ service is reached. Businesses that leave probation concerns unaddressed until after six months may find themselves facing a significantly higher legal risk if performance or conduct issues later result in dismissal.

What should be included in the employment contract

Your employment contract should clearly state the length of the probation period, any shorter notice period that applies during probation, whether probation can be extended, and what standards or review arrangements apply. We also recommend cross-referencing relevant policies on performance, conduct, attendance and dismissal so managers and employees understand the process from the outset.

We find that a clear contractual framework adds value because it reduces ambiguity later if concerns arise. It also helps you show that expectations were communicated from day one, which is particularly useful if an employee becomes disgruntled or disputes the fairness of the process.

How probation differs from full employment

Probation does not remove statutory employment rights. Employees on probation still have rights to the national minimum wage, statutory sick pay, statutory annual leave, statutory notice in qualifying cases, and protection from discrimination and automatically unfair dismissal.

What often changes during probation is the contractual position rather than the legal status of the employee. For example, the contract may provide a shorter notice period or delay certain enhanced benefits until probation is passed. We often remind clients that probation does not create a free hand to dismiss, because in practice the contract, the facts and the way you behave still matter.

Can you dismiss someone during probation?

Is dismissal during probationary period allowed?

Yes, dismissal during probationary period is generally allowed in the UK, and many employers use probation precisely so they can end employment more easily if the role is not working out. However, easier does not mean risk-free, because you still need to act lawfully, honour the contract and avoid unfair or discriminatory treatment.

As things stand, a short-service employee currently cannot claim ordinary unfair dismissal because the qualifying period remains two years’ continuous service. However, this is expected to change from 1 January 2027 when the qualifying period is due to reduce to six months under proposed employment law reforms. As a result, employers should place greater emphasis on actively managing probation periods and making timely decisions about employment before that six-month threshold is reached. Even before this change, probationary dismissals can still lead to claims involving discrimination, automatic unfair dismissal or wrongful dismissal if you get the process or the reason wrong.

When termination during a probationary period in the UK may be appropriate

Termination during a probationary period are most commonly justified where there is a genuine and evidenced issue with performance, conduct, attendance, timekeeping or overall suitability for the role. It may also be appropriate where the employee has not responded to support, coaching or clear feedback given during the probation period.

At Norton Loxley, we encourage employers to ask not just whether they can dismiss, but whether they have enough evidence to show why dismissal was reasonable in the circumstances. If the answer is no, you may be better extending probation, increasing support or holding a further review before making a final decision.

Common reasons for ending probation early

Common reasons include poor performance, failure to meet agreed objectives, inappropriate behaviour, attendance issues, timekeeping concerns, or gross misconduct. Some employers also identify a broader mismatch with the role or the working environment, although this should still be backed up with specific examples rather than vague impressions.

We think this point matters because general statements such as “not a good fit” can sound subjective if not supported by evidence. A stronger approach is to link concerns to measurable duties, expected behaviours and documented conversations held during probation.

Unfair dismissal during probation period

When an employee can still claim unfair dismissal

At present, employees generally require two years’ continuous service before they can bring an ordinary unfair dismissal claim. However, planned reforms are expected to reduce this qualifying period to six months from 1 January 2027. Once implemented, employers will need to be significantly more proactive in assessing performance, conduct and suitability during the early stages of employment.

Even before an employee reaches the qualifying period, there are important exceptions. An employee may still have a claim if the dismissal is automatically unfair, for example in connection with whistleblowing, pregnancy, trade union activities or other protected reasons, or if discrimination played a part in the decision.

This is why unfair dismissal during probation period is something we advise employers to take seriously. The risk is not only about length of service; it is also about the reason for dismissal, whether you complied with the contract and whether your process suggests bias, inconsistency or a lack of basic fairness.

The importance of evidence and consistency

Documented evidence is one of your strongest safeguards. Managers should record examples of missed duties, attendance concerns, behavioural issues, feedback discussions, support offered and any agreed improvement steps during the probation period.

We would also stress that consistency matters just as much. If one employee is dismissed quickly for conduct that others have been supported through, you may create an avoidable argument that the decision was arbitrary or influenced by something improper. A simple internal probation checklist can add value here by helping managers follow the same steps each time.

Risks of discrimination and wrongful dismissal

Wrongful dismissal usually means breaching the contract, such as failing to give the notice period due under the contract or statute. Discrimination risk arises from day one if the dismissal is linked to a protected characteristic such as age, disability, race, religion, sex or pregnancy.

In our experience, one practical point that is often missed is that some performance or attendance concerns may have an underlying explanation, such as a health condition, pregnancy-related issue or need for additional support. Before deciding to dismiss, we recommend pausing to consider whether there is any protected factor that means you should investigate further, adjust your approach or seek HR advice.

Probationary period review meeting

When to hold a review meeting

A probationary period review meeting should take place as soon as concerns become clear, rather than waiting until the very end of probation. Early meetings give the employee a genuine chance to improve and give your business time to decide whether support, extension or dismissal is the right next step.

We also recommend scheduling probation reviews well in advance of the employee reaching six months’ service. With the anticipated reduction in the unfair dismissal qualifying period, employers should avoid situations where concerns have been identified but no meaningful review or decision has been taken before ordinary unfair dismissal rights arise. A structured timetable of monthly or bi-monthly reviews can help ensure issues are addressed promptly and fairly.

We also think it is wise to hold a final formal review meeting before any decision to dismiss is confirmed. Leaving everything until the last week of probation can create rushed decisions, weak paperwork and unnecessary legal risk.

What to discuss in the meeting

The meeting should cover the concerns you have identified, the evidence supporting those concerns, the standards expected in the role and what improvement, if any, is still possible. The employee should understand exactly what the issue is, why it matters to the business and what the potential outcomes may be.

We find it helpful to structure the discussion around four headings: what is going well, what is not working, what support has been offered and what decision points now apply. This added structure makes the meeting feel balanced and professional, which can reduce defensiveness if the employee is already upset or frustrated.

How to record performance concerns

Keep notes that are factual, dated and specific. Instead of writing that someone has a poor attitude, record the actual incident, when it happened, who was involved and how it affected the business or team.

We also advise keeping copies of emails, review notes, attendance records, training support and any written invitations to meetings. Good records not only support the decision itself, but also help managers communicate more clearly and consistently if the employee challenges the outcome.

Giving the employee a chance to respond

A fair probation process should allow the employee to explain their side before a final decision is made. There may be context you do not yet know about, such as unclear training, personal circumstances, health issues or confusion over role expectations.

We recommend reminding the employee that they may bring a colleague or trade union representative to the review meeting. Even where accompaniment is not always a strict legal requirement in this context, we find that offering it can support a more balanced process and reduce the chances of a later complaint about how the meeting was handled.

How to handle dismissal fairly

Written invite to a review meeting

Where dismissal is being considered, send a written invite to a review meeting explaining the concerns and the purpose of the meeting. This gives the employee a fair opportunity to prepare and shows that the process is being handled seriously rather than informally or reactively.

At Norton Loxley, we often recommend using a standard invitation template across the business. That helps managers include the same core information every time, including the issues to be discussed, possible outcomes, meeting details and who will attend.

Explaining the issues clearly

At the meeting, be direct, calm and respectful. Explain what standards have not been met, refer to the evidence you have gathered and avoid vague language that could be seen as personal or emotional.

This matters especially when you are handling a disgruntled employee. We have found that clear language reduces the risk of escalation because it keeps the discussion anchored in facts rather than opinions.

Deciding whether to extend probation or dismiss

Dismissal is not always the only option. If there has been some progress, limited support so far, or a realistic prospect of improvement, an extension may be appropriate if the contract allows for it and you set clear objectives for the extended period.

We often suggest using a simple decision-making test: is the issue about capability, conduct or compatibility? Capability concerns may improve with support, conduct issues may need firmer management, and compatibility concerns require particularly careful evidence because they can otherwise sound subjective.

Where an employee is approaching six months’ service and concerns remain unresolved, employers should carefully consider whether an extension of probation is genuinely appropriate or whether a decision should be made based on the evidence available. Delaying difficult conversations or allowing probation periods to drift beyond their intended purpose can increase legal risk and make future capability or conduct processes more complex.

You can read our guide about dismissing an employee with less than two years’ service if you’re looking for more information on this.

Giving notice and confirming the outcome in writing

If you decide to dismiss, confirm the decision in writing and set out the termination date, notice arrangements and any final pay or accrued holiday due. You should also deal promptly with the return of company property and removal of access to systems where necessary.

We believe a carefully worded outcome letter adds value because it creates a reliable record of what was decided and why. That can be especially important if the employee later alleges unfair treatment or continues to contact the business after termination.

Notice, appeals and documentation

What notice applies during probation

Notice during probation is often shorter than after probation, but you must still give the notice required by the contract or the statutory minimum, whichever is greater. Generally speaking, statutory minimum is one week once the employee has worked for you for one month to two years.

We regularly remind employers not to assume they can terminate immediately during probation without consequence. Unless gross misconduct and the contract justify summary dismissal, that can create a wrongful dismissal risk if notice or pay in lieu should have been provided.

Should you offer an appeal?

Offering an appeal can be sensible even where it may not be strictly required for a short-service probation dismissal. It demonstrates procedural fairness, gives you a chance to review the decision and may help resolve complaints before they escalate further.

Where you are dealing with a disgruntled employee, we often see an appeal act as a useful pressure-release stage. It gives the employee a defined route to raise objections, which is often better than unmanaged complaints to colleagues, clients or social media.

Keeping a clear paper trail

A clear paper trail should include the contract, probation objectives, review notes, emails, records of support, meeting invites, meeting notes and the final outcome letter. This HR documentation helps show that your process was fair, evidence-based and aligned with your internal procedures.

We also suggest keeping a short post-case note on lessons learned. That can help improve recruitment, induction and manager training, while also reducing repeat issues in future probation cases.

Best practice for employers

Set expectations from day one

Employees should know from the start what success looks like in the role. Clear objectives, expected behaviours and review dates create a more transparent probation process and reduce misunderstandings later on.

Carry out regular check-ins

Regular feedback sessions help you address concerns early and give the employee a fair chance to improve. They also create useful records that support later decisions if the probation does not work out.

Act quickly if performance is not improving

Delays can make probation concerns significantly harder to manage. With planned reforms expected to reduce the qualifying period for ordinary unfair dismissal claims from two years to six months from 1 January 2027, employers should ensure probation periods are actively managed and formally reviewed before that milestone is reached.

We recommend setting clear review dates from the outset, documenting performance discussions and making timely decisions about confirmation in post, extension of probation or dismissal. A structured approach helps demonstrate fairness, provides managers with clarity and reduces the risk of issues remaining unresolved once statutory unfair dismissal protection applies.

Train managers on probation procedures

Managers are often the people having the difficult conversations, so they need practical guidance on feedback, documentation, meetings and lawful decision-making. We find that even a simple manager briefing can improve consistency and reduce the chances of a probation dismissal being mishandled.

FAQs

Can you dismiss an employee during their probation period?

Yes, you can usually dismiss an employee during their probation period if there is a genuine reason and you follow a fair process. At Norton Loxley, we always advise handling the decision carefully, because employees on probation can still have legal protections relating to discrimination, automatic unfair dismissal and breach of contract.

Do you need to give a reason for dismissal during probation?

You do not need to give a reason to dismiss an employee who is on probation. Even so, at Norton Loxley we usually recommend giving a clear and evidence-based explanation because it supports fairness, reduces confusion and helps your business defend the decision if it is challenged.

What are the common reasons a business might dismiss someone during probation?

The most common reasons include poor performance, attendance issues, timekeeping problems, behavioural concerns, failure to meet objectives or overall unsuitability for the role. In more serious cases, you may also be looking at gross misconduct, although the circumstances should still be properly reviewed before a final decision is made.

Do you need to hold a probationary period review meeting before dismissal?

A formal disciplinary hearing is not always required, but we would still treat a probationary period review meeting as good practice before dismissal is confirmed. At Norton Loxley, we recommend using the meeting to explain the concerns, share the evidence, hear the employee’s response and decide whether support, an extension or dismissal is the right outcome.

Can an employer extend probation instead of ending employment?

Yes, you can often extend probation where the contract allows for it or where both sides agree to continue the review period. If you decide that an extension is the better option, you should make the extension period, expectations, support measures and review date clear in writing.

What notice does an employer have to give during an employee’s probation period?

Notice during probation is usually set out in the employment contract, but the statutory minimum may also apply depending on length of service. Generally speaking, once an employee has completed one month’s service, they are generally entitled to at least one week’s statutory notice unless they are being dismissed for gross misconduct.

Can an employee claim unfair dismissal during probation?

Currently, most employees cannot bring an ordinary unfair dismissal claim unless they have two years’ continuous service. However, planned reforms are expected to reduce this qualifying period to six months from 1 January 2027.

This means employers should not assume that probationary employees will remain outside the scope of unfair dismissal protection for an extended period. Regardless of length of service, employees may already bring claims relating to discrimination, automatic unfair dismissal or breach of contract, which is why at Norton Loxley we always recommend a fair, consistent and well-documented probation process.

Do we need to follow a formal disciplinary process when dismissing during probation?

Not always. However, we would still recommend a fair process, including a review meeting, clear communication of concerns, an opportunity for the employee to respond, proper notice and written confirmation of the outcome.

Need Further HR Support?

We understand that handling dismissal during probation is rarely straightforward, especially when emotions are running high and you need to protect both your business and your people. If you have any questions or need some additional HR support, please get in touch with the Norton Loxley team.