How to Legally Dismiss an Employee During Their Probationary Period

Probationary periods give employers the opportunity to assess whether a new recruit is the right fit for the role and the organisation. But when it becomes clear that things aren’t working out, many managers feel uncertain about how to bring employment to an end fairly and legally.

While probation dismissals are often thought of as “straightforward,” there are still important legal and procedural steps to follow. Mismanaging the process can expose employers to unnecessary risk, employment claims, and damage to team morale.

Understanding Probationary Periods

Probation usually lasts between three and six months, although some contracts set longer periods. During this time, employers monitor performance, attendance, behaviour and cultural fit before confirming employment.

It’s important to remember that although employees don’t gain the full right to claim ordinary unfair dismissal until they have two years’ service, they are not without protection. For example:

• They are covered by discrimination laws from day one.

• They can bring claims for wrongful dismissal if contractual notice is not given.

• They can also raise grievances if they feel they’ve been treated unfairly or inconsistently.

So, while probation allows for greater flexibility, it should not be treated as a “free pass” to terminate without process.

Common Reasons for Dismissal During Probation

Employers may consider ending employment during probation for reasons such as:

• Ongoing poor performance despite feedback.

• Behaviour or conduct concerns.

• Lack of the required skills or qualifications.

• High levels of absence or poor punctuality.

• Difficulty fitting into the team or workplace culture.

Whatever the reason, employers should make sure it has been raised with the employee, ideally in review meetings, so the dismissal does not come as a complete surprise.

Why Process Still Matters

Even in probation, dismissals must be handled fairly. Problems usually arise where:

• No feedback or review has taken place.

• The employee wasn’t warned there were issues.

• The dismissal letter is unclear or no notice is given.

In these situations, employers risk claims for breach of contract, discrimination, or constructive unfair dismissal. A fair process also helps employees feel they were treated respectfully, which protects your company’s reputation with both staff and future candidates.

Best Practice for Managing Probation Dismissals

To reduce risks and ensure a smooth process, employers should:

1. Have a clear probation policy – issued at the start of employment.

2. Set clear objectives – so expectations are transparent from day one.

3. Hold regular probation review meetings – to provide feedback and give the employee a chance to improve.

4. Document everything – notes of meetings, performance issues and improvement plans.

5. Communicate fairly – giving the employee an opportunity to respond.

6. Follow formal steps if ending employment – issue a written dismissal letter, respect contractual or statutory notice, and confirm the reason for termination.

The Value of Expert HR Support

Ending employment during probation can be challenging, particularly if tensions are high or the employee disagrees with the decision. By working with HR professionals, employers can:

• Ensure probation policies are up to date and legally compliant.

• Receive guidance on structuring review meetings.

• Get support drafting dismissal letters that protect the business.

• Manage sensitive conversations with empathy and professionalism.

• Reduce the risk of disputes escalating into formal claims.

Final Thoughts

Dismissing someone during their probationary period is sometimes the right decision for both parties, but it must be handled carefully. A clear process, fair communication, and respect for employment law obligations will help your business stay compliant and protect workplace morale.

If you need help with probationary policies, review meetings, or dismissal letters? Kirby HR can provide templates, hands-on support, and expert guidance to ensure you stay protected.