Can I Dismiss an Employee During Their Probation Period?
Taking on a new employee doesn’t always work out. Here’s what UK small business owners need to know about probation, fair process and employment rights.
Taking on a new employee doesn’t always work out. Here’s what UK small business owners need to know about probation, fair process and employment rights.
Taking on a new employee doesn’t always work out. Sometimes it becomes clear quite quickly that they aren’t the right fit for the role. Perhaps their performance isn’t where it needs to be, their attendance is causing concern, or things simply aren’t working as expected.
But if they’re still in their probationary period, can you just let them go?
Yes, potentially — but probation doesn’t mean employment rights don’t apply. You still need a clear reason, a reasonable process, appropriate notice and to avoid dismissals connected to discrimination, pregnancy, whistleblowing or other protected reasons.
A probationary period gives both the employer and employee an opportunity to decide whether the role is working out.
Many employers use a three-month probationary period, although there is no legal requirement to have one.
Your employment contract should clearly explain how long the probationary period lasts, what notice applies during it and whether the business has the right to extend it if more time is needed to assess the employee’s suitability for the role.
Yes. If an employee isn’t suitable for the role, you can potentially terminate their employment during their probationary period.
However, it’s important not to assume that being “on probation” means you can simply dismiss someone without considering the reason or following a reasonable process.
Employees still have legal protections regardless of how long they have worked for you.
For example, dismissing someone for certain reasons connected to discrimination, pregnancy and maternity, whistleblowing, health and safety activities or exercising certain statutory rights can create legal risk even where they have very short service.
You should always be clear about why the employment isn’t working out.
Common reasons might include:
Ideally, these concerns shouldn’t come as a complete surprise to the employee.
If performance is the issue, speak to them about what isn’t working, explain what you expect and give them an opportunity to improve where appropriate.
Keeping a simple written record of these conversations can also be extremely useful.
A probation review is good practice and can make the whole process much easier to manage.
You don’t need to wait until the final day of probation if there are concerns.
Regular conversations during the probationary period allow you to discuss how the employee is getting on, identify any support or training they need and address problems early.
At the end of the probationary period, you can then decide whether to:
Usually, yes.
Check the employee’s contract first.
Employees who have worked for you for at least one month are normally entitled to at least one week’s statutory notice, although their contract may give them more.
In some circumstances, such as gross misconduct, dismissal without notice may be possible — but this should be handled carefully and through an appropriate process.
Currently, most employees generally need two years’ continuous service before they can bring an ordinary unfair dismissal claim.
However, this is changing. From 1 January 2027, the qualifying period for ordinary unfair dismissal is due to reduce to six months.
There are also already circumstances where an employee may be able to bring a claim without having two years’ service. These can include certain automatically unfair dismissal claims and discrimination claims.
This makes it increasingly important for employers to have proper probationary processes in place rather than treating probation as an informal trial period.
Potentially, yes — particularly where your employment contract allows you to do so.
An extension can be useful where you’re not quite ready to confirm someone in post but believe they could succeed with some additional time or support.
If you extend probation, be clear about:
Confirm the extension in writing so everyone understands what has been agreed.
Often, it’s simply doing nothing until the probation period is almost over.
If someone isn’t performing as expected, address it early.
A probationary period works best when expectations are clear, concerns are discussed as they arise and both sides know where they stand.
That doesn’t need to mean complicated HR processes or mountains of paperwork. It simply means managing the employee fairly and keeping sensible records. Clear workplace policies in an employee handbook can also help set expectations from day one.
With changes to unfair dismissal rights coming in January 2027, having an effective probation process will become even more important.
If you have an employee who isn’t working out and you’re unsure what to do next, Crawford Consultancy can help. We support small businesses across Falkirk, Stirling and Central Scotland with probation reviews, performance concerns, probation extensions, dismissal processes and the paperwork that goes alongside them.
Getting advice before taking action can often prevent a straightforward employee issue from becoming a much bigger one.
Book a free call HR support