Managing new hires during their initial period of employment is critical to long-term team performance and workplace harmony. A well-structured probationary period gives you time to assess suitability, but what if things don’t work out? In this guide, we explore everything employers need to know about probationary period dismissal UK law, including how to dismiss fairly, avoid legal risks, and document your process correctly. At EBS Law, we help employers get it right from day one.
Understanding Probationary Period Dismissal UK Law
What Is a Probationary Period?
A probationary period is a trial phase at the start of employment, typically lasting between 3 and 6 months. It allows the employer to evaluate performance, conduct, attendance, and cultural fit before confirming the appointment. While probationary periods are not a legal requirement, they’re common in UK contracts. Despite this informal structure, any probationary period dismissal UK decision must still follow a fair and lawful process.
Does Employment Law Still Apply During Probation?
Yes. Even during probation, employees have statutory employment rights. While they may not have the right to claim unfair dismissal unless they’ve worked for at least two years, they are still protected against discrimination, wrongful dismissal, and breaches of contract. Therefore, a probationary period dismissal UK must not be based on protected characteristics (such as age, disability, race, or pregnancy) and must comply with the contract’s notice terms.
Valid Reasons for Dismissal During Probation
Dismissing a probationary employee is lawful if it’s done fairly and for a valid reason. Common examples include:
- Poor performance or failure to meet agreed standards
- Repeated lateness or unexplained absences
- Inability to adapt to the workplace or role
- Minor misconduct or breaches of company policy
It’s crucial to keep notes and evidence throughout the probationary period. Having a paper trail of feedback, concerns, and reviews will help demonstrate the dismissal was not arbitrary or discriminatory.
Notice Periods During Probationary Period Dismissal UK
The minimum notice period during probation is typically one week, unless your contract states otherwise. Some contracts include shorter notice (such as during the first month), while others maintain statutory minimums. Regardless, when handling a probationary period dismissal UK, employers must honour the notice terms in writing, or provide pay in lieu of notice (PILON) if stated in the contract.
How to Dismiss an Employee on Probation Fairly
A fair process helps protect your business from future claims. While there is no legal requirement to follow a full disciplinary process, we recommend a structured approach. Steps to follow include:
- Hold a probation review meeting (or series of reviews)
- Raise concerns early and give the employee a chance to improve
- Document all feedback and training offered
- Invite the employee to a final meeting before dismissal
- Provide the outcome in writing, including notice details
Being transparent, respectful, and well-documented in your decision reduces the chance of disputes and reinforces your professionalism as an employer.
What About Extension of Probation?
If an employee has potential but hasn’t fully met expectations, you can extend the probationary period — if your contract allows. A clear extension letter should outline:
- Why the period is being extended
- New objectives and review timelines
- How long the extension will last (usually 1–3 months)
Probation extensions can often save a promising employee who needs more time. But if performance doesn’t improve, you must be ready to proceed with a compliant probationary period dismissal UK process.
If you would like free advice, John Bloor and the team are here to help. Call John today on 01625 874400 or email enquiries@ebslaw.co.uk for tailored support.
Common Mistakes to Avoid
Employers sometimes assume that dismissals during probation are “safe” because unfair dismissal rules don’t usually apply. However, mistakes can still lead to legal trouble. Common errors include:
- Dismissing without any reason or warning
- Failing to follow contractual notice terms
- Allowing probation to lapse without review or decision
- Terminating due to illness or pregnancy (discrimination risk)
Even without two years’ service, an employee can bring claims if their dismissal is linked to discrimination, whistleblowing, or breach of contract. That’s why every probationary period dismissal UK must be handled with care.
How EBS Law Supports Employers – Probationary Period Dismissal UK
At EBS Law, we work closely with UK employers to draft legally sound probation clauses, conduct review meetings, and manage dismissals where necessary. Whether you’re dealing with a simple case or a complex dismissal involving disability or mental health, we’ll guide you through every step. We’ll ensure that your actions are fair, legal, and properly recorded — giving you peace of mind and protection if challenged later.
Contact John Bloor today for expert support at EBS Law. We’re here to ensure your business stays protected every step of the way. Call 01625 874400 or email enquiries@ebslaw.co.uk.
Further Guidance from EBS Law
For official UK government guidance, visit GOV.UK: https://www.gov.uk/dismissal-procedures