Dismissing an employee is never an easy decision, especially when they have only just joined your organisation. During the probation period, you may realise that the employee is not the right fit for the role, the team, or the business. While you may have more flexibility at this stage, you still need to act carefully and fairly.
If you handle the process incorrectly, you could face legal issues such as wrongful dismissal or discrimination claims. This guide explains how you can dismiss an employee during their probation period in a fair, lawful, and professional way.
What Is a Probation Period?
A probation period is a trial phase at the beginning of employment. It allows you to assess whether a new employee is suitable for the role.
In most cases, probation periods last between three and six months. During this time, you can evaluate:
- the employee’s performance,
- their behaviour and attitude,
- and how well they fit into your workplace culture.
At the same time, the employee can decide whether the role meets their expectations.
Although probation periods are not a legal requirement, they are widely used because they give both sides a chance to test the working relationship before confirming permanent employment.
Do Employees Have Rights During Probation?
Yes, they do. A common mistake is to assume that employees on probation have very few rights. In reality, they still have important legal protections.
Even during probation, your employee is entitled to:
- the national minimum wage,
- statutory sick pay,
- paid annual leave,
- a statutory notice period,
- and protection from unlawful discrimination.
This means you cannot dismiss someone simply because of their age, gender, race, disability, pregnancy, or any other protected characteristic.
You must also follow the terms of the employment contract. If you ignore these obligations, you could face a claim for wrongful dismissal.
Can You Dismiss an Employee During Probation?
Yes, you can dismiss an employee during their probation period. In fact, this is one of the main purposes of having a probation period.
However, this does not mean you can dismiss someone without thinking about the legal and practical consequences.
You should still:
- act reasonably,
- follow a fair process,
- and respect the employee’s basic rights.
Dismissing someone properly during probation protects your business and shows that you treat employees fairly.
Common Reasons for Dismissal During Probation
Before you dismiss an employee, you should be clear about why the decision is being made. Even though you may not always be required to provide a detailed reason, having a valid and documented reason is important.
Fair reasons for dismissal
Some common and acceptable reasons include:
- poor performance, where the employee does not meet required standards,
- repeated lateness or absence,
- misconduct or inappropriate behaviour,
- failure to follow company policies,
- or inability to adapt to the role.
These reasons should be supported by evidence such as performance reviews, feedback, or records of incidents.
Unfair reasons to avoid
You must never dismiss an employee for unlawful reasons. These include:
- discrimination based on protected characteristics,
- raising health and safety concerns,
- whistleblowing,
- or exercising legal rights such as taking sick leave.
Dismissing someone for these reasons could lead to serious legal consequences.
The Importance of Following a Fair Procedure
Even during probation, following a fair procedure is one of the most important steps you can take.
A proper process shows that you have acted reasonably and reduces the risk of disputes.
Step 1: Monitor performance regularly
You should hold regular review meetings during the probation period. This allows you to assess the employee’s progress and identify any concerns early.
Clear communication at this stage helps prevent misunderstandings.
Step 2: Provide clear feedback
If there are issues, you should explain them clearly to the employee. Avoid vague statements and give specific examples of what needs to improve.
It is also helpful to confirm this feedback in writing.
Step 3: Give the employee a chance to improve
Before making a final decision, you should give the employee time to improve. This shows fairness and gives them an opportunity to meet expectations.
In some cases, you may consider extending the probation period to allow further assessment.
Step 4: Hold a probation review meeting
If performance does not improve, arrange a formal meeting. During this meeting:
- explain your concerns,
- allow the employee to respond,
- and discuss the possible outcome.
This step is important because it gives the employee a fair chance to present their side.
Step 5: Make a decision and confirm it
If you decide to dismiss the employee, you should communicate the decision clearly and respectfully.
You should confirm the dismissal in writing, including:
- the notice period,
- the final working date,
- and details of final pay.
Step 6: Offer the right to appeal
Although not always required, offering an appeal shows fairness and strengthens your position if the decision is challenged.
Understanding Notice Periods
When dismissing an employee during probation, you must consider the notice period.
In most cases:
- if the employee has worked for at least one month, they are entitled to at least one week’s notice,
- or longer if the employment contract provides for it.
You must either allow the employee to work their notice or pay them in lieu of notice.
You should also ensure that the final payment includes:
- any outstanding salary,
- and payment for unused holiday entitlement.
Failing to provide the correct notice can lead to a wrongful dismissal claim.
Wrongful Dismissal vs Unfair Dismissal
It is important to understand the difference between these two terms.
What is wrongful dismissal?
Wrongful dismissal happens when you breach the employment contract. For example:
- not giving the correct notice,
- or not following agreed contractual terms.
This type of claim can arise even during probation.
What is unfair dismissal?
Unfair dismissal is about whether the dismissal was fair and reasonable.
In most cases, employees need a minimum period of continuous service before they can bring a standard unfair dismissal claim. However, there are exceptions.
An employee can still bring a claim if the dismissal is:
- discriminatory,
- or based on automatically unfair reasons.
This is why you must always act carefully, even during probation.
How to Avoid Legal Risks
Dismissing an employee incorrectly can lead to time-consuming and costly disputes. To protect your business, you should take the following steps.
Keep proper documentation
You should keep records of:
- performance reviews,
- feedback discussions,
- and any warnings or concerns.
These records can be important evidence if your decision is challenged.
Follow your policies
Always check your company’s internal procedures and policies. Make sure your actions are consistent with your employee handbook and contracts.
Be consistent
Treat all employees fairly and consistently. Inconsistent treatment can lead to claims of discrimination or unfairness.
Respect statutory rights
Even during probation, you must comply with employment law. This includes notice periods, pay, and protection from discrimination.
Best Practices for Employers
Managing probation periods properly can reduce the need for dismissal and improve employee retention.
Set clear expectations from the start
At the beginning of employment, you should clearly explain:
- the role requirements,
- performance standards,
- and how the probation period will be assessed.
This helps avoid confusion later.
Communicate regularly
Regular communication builds trust and allows you to address issues early. Do not wait until the end of the probation period to raise concerns.
Offer support and training
If an employee is struggling, consider whether additional support or training could help.
Sometimes performance issues arise from lack of guidance rather than lack of ability.
Be professional and respectful
Even when dismissing an employee, you should act with professionalism and empathy. This protects your reputation and maintains workplace morale.
What to Do After Dismissal
Once the dismissal is complete, you should:
- confirm the decision in writing,
- provide the final payslip and payments,
- and arrange the return of company property.
You should also review the process to see if anything could be improved in future.
This helps you refine your recruitment and probation procedures.
Key Takeaway
Dismissing an employee during their probation period may seem straightforward, but it still requires care and attention.
You have more flexibility than with long-serving employees, but you must still:
- follow a fair process,
- respect legal rights,
- and act reasonably.
If you take a structured and professional approach, you can manage the dismissal smoothly while protecting your business from legal risk.
By handling probation dismissals properly, you not only reduce the chance of disputes but also create a fair and transparent workplace for everyone.