Dismissing an Employee During Probation: A UK Employer's Guide (2026)

The short answer: Yes, you can dismiss an employee during their probation period in the UK provided you have a fair reason and follow a fair process.  You must give at least one week's statutory notice once they have a month's service (or longer if their contract says so).  And the rules are tightening: from 1 January 2027 employees gain unfair dismissal protection after six months' service rather than two years, so a documented, fair, probation process matters more than ever.

This guide covers whether you can dismiss during probation, fair and unfair reasons, the step-by-step process, notice and final pay, what's changing in 2027, and how to protect your business from a tribunal claim.

 

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Probation dismissal at a glance

• Can you dismiss on probation? Yes, with a fair reason and a fair process.  “On probation” is not a reason on its own.
• Notice:  At least one week once they have a month's service, or longer if the contract says so.
• Day-one rights still apply:  Minimum wage, sick pay, holiday, statutory notice, and full protection from discrimination.
• The 2027 change:  Unfair dismissal protection kicks in at six months' service, not two years, and the compensation cap is being removed.

 

What's changing in 2027, and why it matters for probation

For a long time, the two-year qualifying period gave employers a wide margin: most people with under 2 years' service couldn't bring an ordinary unfair dismissal claim.  That margin is closing.  From 1 January 2027, the qualifying period for unfair dismissal drops from two years to six months.

In practice, anyone you hire from around July 2026 onwards could be protected the moment they pass six months' service.  The statutory cap on unfair dismissal compensation is also being removed, so the financial exposure is no longer limited to the old maximum.

What this means for you: the “quiet word and a handshake” exit that felt low-risk under the two-year rule is now extremely risky.  A clumsy dismissal at month five or six can become a claim.  The paperwork you used to skip is exactly what protects you now, and it's far cheaper to get right now than to defend later.

 

Can you dismiss an employee during their probation period?

Yes.  There's no specific law on probation periods in the UK, and you can dismiss a probationer if the role genuinely isn't working out.  But “on probation” is not, by itself, a reason and it never removes the employee's day-one rights.  You still need a legitimate reason and a fair, documented process.

 

What is a probationary period?

A probationary period is a trial phase - usually three to six months - at the start of employment.  It lets you assess performance, conduct and culture fit before confirming the role, and lets the employee decide whether the job is right for them.  It's not a legal requirement, but it's widely used and recommended.

Important: even on probation, employees keep core statutory rights from day one - the national minimum wage, statutory sick pay, paid holiday, statutory notice, and full protection against discrimination.  Probation lowers the bar for a fair process; it doesn't remove it.

 

What are fair reasons to dismiss during probation?

A dismissal is far easier to defend when the reason is legitimate and documented. Common fair grounds include:

• Poor performance - not meeting agreed standards, despite feedback and a real chance to improve.
• Persistent lateness or absence - unexplained patterns that disrupt the team.
• Gross misconduct - theft, violence or serious policy breaches that can warrant immediate dismissal.
• Breach of contract - failing to meet clear contractual terms.

 

What counts as unfair dismissal during probation?

Some dismissals are automatically unfair, with no qualifying period at all, before or after 2027.  If any of these are even part of the reason, you're legally exposed:

• Discrimination - anything linked to a protected characteristic (age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, sexual orientation).
• Whistleblowing - dismissing someone for raising wrongdoing.
• Health and safety - dismissing someone for raising a legitimate safety concern.
• Asserting a statutory right - e.g. requesting sick pay, holiday or family leave.

Watch out for constructive dismissal too, where an employee resigns because your conduct made staying intolerable; it can be claimed even during probation.

 

                                                                      

Get expert HR support before it becomes a problem

Dismissing during probation has always needed care. From 2027 it needs more.  The businesses that get ahead of this will handle exits calmly and cheaply; the ones that don't will find out the hard way.

That's exactly what we do.  At The HR Consultants, we give SME business owners plain-English HR support - no jargon, no scare tactics - so you can make confident people decisions and stay on the right side of the law.  We're award-winning, BBC-featured, and trusted by small businesses across the UK.

[Book your free, no-obligation call today →]

                                                                        

 

How do you dismiss someone on probation fairly? (step by step)

Follow this and you dramatically reduce your risk, whatever the calendar says:

1. Set expectations early.  Define the standard, the timeframe and what “good” looks like at the start of probation, in writing.  Always in writing.
2. Hold regular reviews.  Don't save concerns for the final meeting.  Raise issues as they arise and give a genuine chance to improve.
3. Put concerns in writing.  Document the specific issues, the support offered and the deadline to improve.  This is your best protection if a tribunal claim is raised.
4. Allow time to improve.  A short, reasonable window shows you acted fairly.
5. Hold a clear final review.  If standards still aren't met, communicate the decision and the objective reasons behind it.
6. Offer the right to appeal.  A simple appeal step is one of the strongest signals of a fair procedure.
7. Keep records of everything.  Reviews, emails, notes, warnings; if you can't evidence it, a tribunal treats it as if it didn't happen. 

 

How much notice do you give during probation?

Once an employee has worked one month or more, they're entitled to at least one week's statutory minimum notice - even on probation. If their contract specifies a longer notice period, that applies instead; the contract can never reduce notice below the statutory minimum. For employees with less than a month's service there's no statutory notice requirement, though giving some is good practice.

 

Can you dismiss without notice during probation?

Only in cases of gross misconduct - such as theft, violence or fraud - and even then you should carry out a fair investigation first. Outside gross misconduct, dismissing without proper notice risks a wrongful dismissal claim.

 

What about final pay?

Pay the employee in full through any notice period and include any accrued but untaken holiday in the final payment. Getting final pay wrong is one of the easiest - and most avoidable - routes to a claim.

 

How to avoid needing to dismiss in the first place

Most probation problems are recruitment and onboarding problems in disguise.  You cut dismissals, and risk, by:

• Setting clear expectations and a structured onboarding plan from week one.
• Offering support and training when someone is struggling for fixable reasons.
• Holding short, regular check-ins rather than one make-or-break meeting at the end.
• Hiring better in the first place – really honing your recruitment process, or using a specialist recruitment partner like our sister firm, The HR Recruiters (a specialist recruitment solution for HR professionals), means fewer roles end in a difficult conversation.

 

What should employers do before January 2027?

Three things worth doing now:

1. Review your probation clauses and dismissal procedures so they're robust under a six-month qualifying period.
2. Tighten your review and documentation habits - this is the cheapest insurance you'll ever buy.
3. Diarise your at-risk hires - anyone starting from mid-2026 onwards who will cross six months around the changeover.

Frequently asked questions:

Can an employee be dismissed at any point during probation?

Yes - with a valid reason such as poor performance or misconduct, a fair process, and the correct notice. Being “on probation” is not, by itself, a lawful reason to dismiss.

 

How much notice is needed to dismiss during probation in the UK?

At least one week's statutory notice once the employee has a month's service, or longer if the contract provides for it. No statutory notice is required in the first month, but giving some is good practice.

 

Can you dismiss someone on probation without notice?

Only for gross misconduct, such as theft or violence, and only after a fair investigation. In all other cases, failing to give proper notice risks a wrongful dismissal claim.

 

What rights do employees have during a probation period?

Core statutory rights from day one: minimum wage, statutory sick pay, paid holiday, protection from discrimination and whistleblowing, and statutory notice after a month's service.  From January 2027, unfair dismissal protection also begins at six months' service rather than two years.

 

Can an employee on probation claim unfair dismissal?

Currently they usually need two years' service for an ordinary unfair dismissal claim, but discrimination, whistleblowing and other automatically unfair claims apply from day one.  From 1 January 2027 the ordinary unfair dismissal qualifying period drops to six months.

 

Can you extend a probation period instead of dismissing?

Yes.  If you have a contractual right to extend probation, this can be a fairer option than dismissal where someone is close to meeting the standard.  Confirm any extension in writing, with clear expectations and a review date.  Bear in mind that if the length of service (including any notice period) goes beyond six months, the employee will still qualify for unfair dismissal protection from 2027.