Dismissal – Probation periods

Dismissing an employee during probation should be a last resort. 

Employers should take steps to avoid dismissal. For example:

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.

Find out more about recruitment

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