Dismissal during probationary period

Probationary periods are often seen as a lower-risk stage of employment, but that does not mean employers can dismiss without process or consideration. With legislative changes on the horizon increasing scrutiny around dismissal practices, getting the fundamentals right is more important than ever.

While a full disciplinary or capability process is not usually required during probation, employers should still act fairly. If concerns arise around performance or conduct, the employee should be given an opportunity to respond before any decision is made.

In practice, this is often addressed through a probation review meeting, where concerns are clearly explained and the employee’s response is considered. A clear written record of this discussion should always be retained.

If a decision is taken to dismiss, it should be confirmed in writing. In most cases, employees are entitled to at least one week’s statutory notice once they have one month’s service, unless their contract provides for a longer period.

A key point for employers is that certain rights apply from day one of employment, regardless of probationary status. Employees are protected from discrimination under the Equality Act 2010 and from dismissal for reasons that are considered automatically unfair.

This means that dismissals connected to protected characteristics, such as pregnancy, disability, race, or other protected grounds can give rise to claims even where the employee has very short service. Similarly, dismissals linked to factors such as whistleblowing or asserting statutory rights can be challenged from the outset of employment.

This is where risk often arises in practice. For example, where an employee has had sickness absence during probation, or where performance concerns overlap with a potential health condition, employers must take care not to rely on assumptions or make decisions without appropriate consideration.

With proposals to strengthen employee protections and extend day-one rights further, employers should not rely on probationary status as a safeguard. The focus should instead be on following a fair, consistent and well-documented approach.

Handled correctly, probation remains a valuable tool for assessing suitability. However, it should be approached with the same level of care and structure as any other dismissal process to minimise risk and ensure decisions are defensible.

Contact us at enquiries@121hrsolutions.co.uk and we can discuss and further queries you may have on this subject.

Dismissal during probationary period

121 HR Solutions Ltd