As understood generally, probation is basically a trial period during which the employer tries to assess an employee’s performance, conduct, and suitability for the role.
On the other hand, for the employee, it’s a time to understand the job, team, and expectations. Thus, both parties can evaluate fit before confirming long-term employment.
However, there can be situations where, an employer will decide to let go of a probationer. As an employer doing so during a probation period presents its own set of challenges.
While probation is designed to assess suitability, the process of ending employment—even at this early stage—must be handled professionally, legally, and with empathy.
In the UK, probationary periods are common and, typically last between three to six months. They give employers a structured window to evaluate new hires in terms of performance, behaviour, cultural fit, and potential.
However, when things aren’t working out, it’s crucial to approach the matter fairly and with due consideration to employment law and best HR practices.
This guide will walk you through when and how to dismiss someone on probation in the UK, with practical steps, legal considerations, and tips on maintaining dignity throughout the process.
Understanding the Purpose of a Probation Period
Probation is not a legal requirement in UK employment law, but it is a widely accepted contractual tool. It allows both the employer and employee to determine if the role is a good fit before confirming permanent employment.
During this time, employees often have shorter notice periods and may not be entitled to the same procedural protections as longer-serving staff, such as full disciplinary processes. That said, fairness and professionalism remain essential.
Legal Considerations: What the Law Says
In the UK, employees on probation are still contractual employees, and their rights are protected by UK employment law. However, certain protections—such as the right not to be unfairly dismissed—generally apply only after two years of continuous service.
That said, even during probation, employees cannot be dismissed for discriminatory reasons (e.g., related to sex, race, religion, disability, pregnancy, etc.) or for asserting a statutory right. Doing so could result in an automatic unfair dismissal claim or discrimination case—regardless of length of service.
Key Legal Considerations:
- Unfair dismissal protection: Only applies after two years’ service (with exceptions).
- Discrimination law: Applies from day one.
- Written notice: Employers must give at least the statutory notice (one week after a month’s service), unless the contract specifies otherwise.
- Right to a written reason for dismissal: Required only after two years’ service (except in pregnancy-related dismissals).
So, while you may legally dismiss someone during probation more easily, you must ensure the decision is fair, non-discriminatory, and properly documented.
Common Reasons for Terminating Employment During Probation
Common reasons for sacking a probationer can include poor performance, where the individual fails to meet the expected standards or objectives of the role.
Other frequent reasons include poor attendance or punctuality, lack of cultural fit within the team or organisation, misconduct or inappropriate behaviour, and failure to demonstrate required skills or competencies. Sometimes, probationary termination results from a mismatch in expectations between the employer and employee.
Employers may also cite attitude issues, resistance to feedback, or an inability to adapt to the company’s work environment. Clear communication during probation is essential for fair decisions.
Before acting, ensure your concerns are substantiated, documented, and based on objective evidence.
Document everything early—need help with templates or performance logs? We can help.
Step-by-Step Guide to Dismissing an Employee on Probation
- Review the Employment Contract and Probation Policy
Start by reviewing the individual’s employment contract and your company’s probation policy. Check for terms and condition related to Length of probation period, Notice period during probation, Any probation review procedures, Right to appeal (if applicable).
Even though it’s not a legal requirement, many companies include probation review meetings in their policy—following this consistently helps ensure fairness.
Don’t have a structured probation policy? Request a free HR policy review.
- Document Concerns Early
If issues arise during probation, record them clearly. Keep a log of underperformance, behavioural concerns, missed targets, or any support provided. Documented evidence strengthens your case and shows that the decision wasn’t arbitrary.
It’s also important to give the employee feedback along the way—a dismissal without prior warning (unless for gross misconduct) can feel unfair and damage your reputation as an employer.
- Hold a Probation Review or Meeting
Before making a decision, arrange a formal meeting to discuss the concerns. This is not a disciplinary hearing, but it’s still part of a fair process.
During the meeting outline the concerns clearly and factually. Explain the support or feedback given. Give the employee an opportunity to respond. Consider whether additional support or an extension would help
It’s crucial to listen—sometimes, underlying issues like lack of training, unclear expectations, or personal difficulties can explain poor performance. If you’re open to improving the situation, a short probation extension might be worthwhile.
- Make the Decision
After the meeting, if you decide that continued employment isn’t in the company’s best interest, you should proceed with termination. Be respectful but firm in your communication.
Put the outcome in writing, including the reason for dismissal (brief but factual), the date employment will end, the applicable notice period, any final pay and entitlements (holiday pay, expenses, etc.).
If the contract allows, you may place the employee on garden leave during the notice period or offer pay in lieu of notice.
- Conduct the Exit Professionally
Even though the employee is on probation, how you handle their exit reflects your company’s values. Conduct a brief exit meeting if appropriate, ensure all final payments are processed correctly, and recover any company property.
Be mindful of what you communicate to the wider team—respecting confidentiality while maintaining transparency where needed.
- Learn and Improve
Every probation that ends in dismissal should prompt reflection. You may consider the following points to ponder:
- Was the recruitment process thorough enough?
- Were expectations clearly communicated?
- Was adequate support provided?
- Did the employee receive regular feedback?
Sometimes, a failed probation is less about the individual and more about a misalignment of expectations or organisational processes. Use these learnings to strengthen future onboarding and probation strategies.
Want to reduce failed probations? Book a free onboarding strategy call.
Can Employees Appeal a Dismissal During Probation?
Legally, there is no requirement to offer an appeal during probation, unless it’s stated in your company policy. However, offering a basic appeal mechanism—especially in larger organisations—can demonstrate transparency and reduce the risk of legal action.
Even if not required, consider whether allowing a brief appeal could protect your organisation from future claims—especially if the employee feels they were treated unfairly.
Conclusion
Sacking someone on probation may not be an easy decision. However, when required it must be done with careful consideration. While UK law provides employers with more flexibility during this early stage of employment, the process still demands fairness, empathy, and legal awareness.
A probation dismissal, handled thoughtfully, can protect the organisation while respecting the dignity of the employee. Equally, it’s an opportunity to reflect on internal processes—ensuring future hires are better supported and more likely to succeed.
At its heart, probation should be a mutual trial period—not a trapdoor. When both sides are open, honest, and proactive, you reduce the need for difficult endings. But when those decisions must be made, make them with care.
Need help creating a compliant, compassionate probation dismissal process? Speak to ClearPath UK’s HR experts today and safeguard your business the right way.
