Dismissing an employee during probation should be a last resort.
Employers should take steps to avoid dismissal. For example:
- using performance management steps to help an employee improve
- extending the probation period
If an employee still fails their probation, they are likely to be dismissed.
When an employer dismisses someone, they should:
- follow a fair procedure
- give the reasons in writing, for example in a letter or email
Find out more about:
Giving notice
The employer must give the correct notice to end someone's employment. This is either:
- the minimum statutory notice period
- the notice period set out in the contract
Find out more about notice periods for dismissal
Being accompanied to meetings
Employees have a right to request to be accompanied to meetings that could result in dismissal.
The right also applies to meetings where the employee:
- could receive a formal warning of potential dismissal or other disciplinary issues
- is appealing a dismissal or formal warning
Employers should also consider offering the right to be accompanied when:
- the meeting could result in an informal warning that goes on an employee's disciplinary record
- the employer might use the record as evidence for future disciplinary action
An employee can ask to be accompanied by one of the following:
- someone they work with
- a workplace trade union representative who's certified by their union to act as a companion
- an official employed by a trade union
The right to be accompanied might not apply for some or all of an employee's probation review meetings. But employers:
- can offer this if they want to
- must make reasonable adjustments for disabled employees – this might include allowing an employee to be accompanied to review meetings
Having a good recruitment process
Having a good recruitment process helps employers choose the right person for a job.
If an employer has lots of employees who fail probation, there might be problems with how they recruit. They should review their process and make changes if needed.