Can you dismiss an employee during probation?
Yes — but employers should not treat probation as a risk-free period.
At present, employees generally need two years’ service to bring an ordinary unfair dismissal claim. However, with major employment law reform approaching, that qualifying period is expected to reduce significantly.
This means employers will need to be far more proactive in managing probation periods from the outset.
A probation period should not simply be a waiting period. It should involve clear expectations, proper training, regular feedback, formal review meetings, and written records of any performance or conduct concerns.
Before dismissing during probation, employers should carefully consider:
• Is there a clear and lawful reason for dismissal?
• Has the employee been told about the concerns?
• Has the employee been given a fair opportunity to respond?
• Could there be discrimination, whistleblowing or other automatic unfair dismissal risks?
• Will notice take the employee beyond the relevant qualifying period?
Probation clauses, staff handbooks and manager training should all be reviewed now, before the reforms take effect.
At Macgregor Law Limited, we assist employers with practical, commercially focused advice on probation management, dismissals, contracts and employment law compliance. Link below to an informative carousel on probationary period updates.
To discuss how we can support your business, contact us at info@macgregorlaw.co.uk or visit macgregorlaw.co.uk.
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