How to dismiss someone on probation

Employees only acquire the right to claim unfair dismissal after 2 years of continuous employment. During probation (typically 3–6 months), an employee cannot claim unfair dismissal — but they can still claim: wrongful dismissal (failure to give proper notice); automatic unfair dismissal (e.g. for whistleblowing, asserting a statutory right, or pregnancy); or discrimination (from day one).

Probation reviews should have been taking place throughout the probationary period. If this has not happened and you are now considering dismissal, the lack of reviews will weaken your position — particularly if you end up in a wrongful dismissal dispute. Reviews should be documented and the employee should be given clear feedback and targets.

Be clear about the specific reason(s) for considering dismissal: poor performance; poor attendance; conduct; or the role simply not being the right fit. The reason should be documented. This is important both for the process and for any wrongful dismissal dispute that might follow.

Before dismissing, hold a formal probation review meeting with the employee. Tell them in advance that the meeting will consider whether to confirm their employment. At the meeting, explain your concerns clearly, give them the opportunity to respond, and consider whether any further support or extension would be appropriate.

If the employee's performance or conduct has not met the required standard but there are mitigating factors (e.g. inadequate training, personal difficulties, unclear expectations), consider whether extending probation with clear targets would be appropriate. Extension should be for a fixed period (typically 4–8 weeks) with clearly documented objectives.

If dismissing during probation, the employee is entitled to their contractual notice period — or the statutory minimum if their contract provides for less. The statutory minimum for employees with less than 1 month's service is no notice; for 1 month to 2 years' service it is 1 week. Check the contract carefully. Dismissal without proper notice is wrongful dismissal regardless of the reason.

Write to the employee confirming the dismissal, the reason, the last day of employment, and details of their final pay (including any outstanding holiday entitlement). Even during probation, a written confirmation is good practice and reduces the risk of dispute.