Dismissed During Probation: What Rights Do You Have?

A probation period is commonly used to assess whether a new employee is suitable for a role. Employers may review performance, attendance, conduct, training needs and how well the employee meets the requirements of the job.

However, being on probation is not a legal free-for-all. If you have been dismissed during probation, the key questions are why the decision was made, whether your employer followed the contract, whether a protected legal right was involved and whether a claim is available under the rules that apply to your circumstances.

This guide focuses on Great Britain: England, Wales and Scotland. Northern Ireland has a separate employment-law framework, so you should check the rules that apply there if you worked in Northern Ireland.

1. Can your employer dismiss you during probation?

Usually, an employer can dismiss an employee during probation if the employee is not meeting the role’s requirements, subject to the employment contract and applicable law. Common reasons include performance concerns, attendance issues, conduct, failure to complete training or a mismatch between the role and the employee’s skills.

There is no general legal requirement for every employer to use a probation period, and probation periods do not all have to be the same length. The terms may be set out in your contract, offer letter or staff handbook.

Acas recommends that employers try to support improvement before dismissal where appropriate. This may include explaining concerns, giving feedback, providing training or considering whether an extension is suitable. The exact process required can depend on the contract, workplace policies and the circumstances.

2. Ordinary unfair dismissal: why your length of service matters

Ordinary unfair dismissal is a legal claim about whether an employer had a potentially fair reason for dismissal and acted reasonably in the circumstances. The rules on qualifying service matter, and they are changing.

The rules before 1 January 2027

As at 12 October 2026, the usual qualifying period for an ordinary unfair dismissal claim in Great Britain remains two years of continuous employment. Many employees dismissed during a short probation period will therefore not yet qualify to bring an ordinary unfair dismissal claim.

The change from 1 January 2027

The Employment Rights Act 2025 provides for the usual qualifying period to reduce from two years to six months from 1 January 2027. Transitional rules can matter where a dismissal happens before that date but the effective date of termination falls on or after it. Do not assume the date you received the dismissal message is the only date that matters.

The change does not mean that employers will be prohibited from dismissing employees after six months. It changes the usual qualifying period for an ordinary unfair dismissal claim; the legal merits of a claim will still depend on the facts and applicable law.

For current information, see the Acas guide to probation periods and the Employment Rights Act 2025, section 25.

3. When can you challenge a probation dismissal without two years’ service?

Some legal protections do not depend on completing the usual qualifying period for an ordinary unfair dismissal claim. This is why it is risky to assume that short service means you have no case.

Discrimination

Under the Equality Act 2010, it may be unlawful to dismiss someone because of a protected characteristic. The protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

For example, a dismissal may need closer examination if it followed an employee telling their manager about a disability, requesting adjustments related to that disability, announcing a pregnancy or raising a concern about discriminatory treatment. Timing alone does not prove discrimination, but it can be relevant evidence when considered with the surrounding facts.

Employers may also have duties to make reasonable adjustments for disabled employees. The specific duty and whether it applies depend on the circumstances.

Read the GOV.UK guide to discrimination rights for an overview.

Automatically unfair dismissal

Certain reasons for dismissal are prohibited by law and can support an automatically unfair dismissal claim without the usual qualifying service requirement. Depending on the facts, these can include dismissal connected with whistleblowing, certain health and safety activities, trade union rights, or specified family-related and statutory employment rights.

For example, an employee who is dismissed shortly after making a qualifying protected disclosure about wrongdoing may need to consider whether whistleblowing protection applies. Not every complaint is a protected disclosure: the legal requirements and the nature of what was reported matter.

More information is available in the GOV.UK whistleblowing guidance.

Breach of contract and notice pay

Even where ordinary unfair dismissal is not available, an employer may still be in breach of contract if it fails to honour an applicable notice clause or other contractual obligation. Whether a claim exists depends on the contract, any valid termination provisions and the facts.

Statutory minimum notice generally becomes relevant once an employee has been continuously employed for at least one month. The employer’s minimum is normally one week for service of less than two years, with longer statutory notice applying as service increases. A contract may provide a longer notice period. Different rules can apply in particular circumstances, including some cases of dismissal for gross misconduct.

Check your contract and the GOV.UK guidance on notice periods. Do not assume that a probation clause automatically removes notice entitlement.

4. What if your employer gave no warning or meeting?

Being dismissed without a warning, review meeting or opportunity to respond can feel unfair. Whether it makes the dismissal unlawful depends on the type of claim and the circumstances.

Acas recommends that employers use a fair process when dealing with probation, including explaining concerns and giving the employee a chance to improve where appropriate. But a failure to follow a recommended process does not automatically establish a legal claim. The contract, any applicable procedure, the reason for dismissal and the relevant legal test all matter.

Check whether your contract or handbook promises a probation review, a minimum notice period, an appeal or a specific dismissal procedure. Keep a copy of the policy as it stood when the decision was made.

5. What should you do after being dismissed during probation?

1. Ask for the reason in writing. If you have only been told verbally, send a calm email confirming what you understood and asking for the reason and effective termination date.
2. Check your contract. Look for the probation clause, notice requirements, any payment-in-lieu-of-notice provision, dismissal procedure and appeal rights.
3. Work out your dates. Record your start date, dismissal date, notice period and effective date of termination. These can affect qualifying service and deadlines.
4. Preserve evidence. Save emails, messages, review notes, performance feedback, meeting invitations, rotas, payslips and any relevant workplace policies.
5. Write a timeline. Note what happened before dismissal, including any complaint you made, request for adjustments, disclosure, pregnancy-related event or other potentially relevant issue.
6. Check pay and benefits. Review final wages, accrued holiday pay, notice pay and any other sums due under your contract and the law.
7. Act promptly. If you think discrimination, automatically unfair dismissal or another employment claim may apply, get advice quickly rather than waiting for an internal appeal to finish.

6. What evidence could matter?

The most useful evidence depends on the reason you believe the dismissal was unlawful or contractually incorrect. Gather what you already have lawful access to, and do not take confidential business information that you are not entitled to keep.

• Your employment contract, offer letter and written statement of employment particulars.
• The probation policy, staff handbook and relevant performance or disciplinary procedures.
• Probation review records, training notes, objectives and written feedback.
• The dismissal letter or email, including the stated reason and termination date.
• Messages or documents relevant to any alleged discriminatory treatment or protected activity.
• Payslips, holiday records and calculations of notice pay or other outstanding sums.
• Names of relevant witnesses and a factual note of what they saw or heard.

Evidence should help establish what happened, when it happened, what reason the employer gave and how that reason relates to the legal issue you are considering. A disagreement with the decision, by itself, does not prove that a legal rule was broken.

7. Common probation dismissal scenarios

Scenario A: You were told your performance was not good enough

If your employer says you did not meet the role’s standards, check what expectations were communicated, what feedback you received and what your contract says about ending employment. Short service may restrict an ordinary unfair dismissal claim under the rules currently in force, but contractual rights and other protections still need to be considered.

Scenario B: You were dismissed after disclosing a disability

Look at the timing, the words used by managers, any request for reasonable adjustments and the employer’s explanation. A disability-related dismissal may raise Equality Act issues, but the outcome depends on the facts and legal requirements rather than timing alone.

Scenario C: You raised a concern about wrongdoing

If you reported information that you reasonably believed tended to show relevant wrongdoing and that disclosure meets the legal conditions for whistleblowing protection, dismissal connected to it may raise a separate claim. Keep the original report and the employer’s responses, and seek advice on whether the disclosure qualifies for protection.

Scenario D: You were told to leave immediately with no notice pay

Check your contract, length of service and the reason given. You may be entitled to contractual or statutory notice pay unless a lawful exception applies. The answer cannot be determined from the fact that you were on probation alone.

8. Employment tribunal deadlines: do not wait

Many employment tribunal claims have short time limits. For many common claims, the usual limit is three months less one day from the relevant act or event, although the calculation varies by claim. Starting Acas early conciliation can affect how the time limit is calculated, but you should not assume it gives you unlimited extra time.

Internal grievance procedures, appeals and requests for written reasons do not automatically stop the tribunal clock. If you are considering a claim, check the deadline for that particular claim and contact Acas or an appropriately qualified adviser promptly.

See the official Acas guidance on employment tribunal time limits and Acas early conciliation.

9. When should you get advice about a probation dismissal?

Getting advice may be particularly useful if the employer has not explained the reason for dismissal, the notice or final pay appears wrong, you believe discrimination or retaliation played a part, you raised a protected concern, or the termination date may affect your legal rights.

The important task is to identify the correct legal route before assuming that the dismissal is either automatically lawful or automatically unlawful. Different claims have different requirements, remedies and time limits.

Frequently asked questions

Important information

This article provides general information about employment law in Great Britain, not advice on an individual case. It does not create a solicitor-client relationship. Employment rights and tribunal deadlines can depend on the precise facts, contract terms, location and date of termination. Northern Ireland has a separate legal framework. Check current official guidance and obtain advice on your circumstances before deciding what action to take.