In most cases you cannot bring an ordinary unfair dismissal claim while on probation in the UK, because that right currently requires two years’ continuous employment. However, you can still challenge a dismissal during probation if it was automatically unfair (for example, linked to pregnancy, whistleblowing or health and safety), discriminatory, or in breach of your contract, and none of those routes needs any minimum length of service.
This guide explains which claims are open to you, how the rules are changing, the steps to take after a probation dismissal and the deadlines you must not miss. It focuses on England, Wales and Scotland; Northern Ireland has its own employment law.
What a probationary period actually is
A probationary period is a contractual arrangement, not a separate legal status. It typically lasts three to six months and gives the employer a structured chance to assess your performance, conduct and fit. Contracts often allow a shorter notice period during probation and may state that some benefits (such as enhanced sick pay) start only once probation is passed.
What probation does not do is remove your basic statutory rights. From day one you are entitled to at least the National Minimum Wage, paid holiday, protection from discrimination and the protections described below.
The two-year rule, and how it is changing
Under the Employment Rights Act 1996, an employee generally needs two years’ continuous service to claim “ordinary” unfair dismissal, meaning a claim that the employer lacked a fair reason or followed an unfair process. Most probationary employees therefore fall short.
The government’s Employment Rights Act reforms, passed in 2025, are set to reduce that qualifying period to six months, with the change expected to take effect in 2027. Until the new rules actually commence, the two-year threshold applies. Because the timetable could still shift, check the latest position on GOV.UK or with an adviser if your dismissal falls close to the changeover.
Claims you can bring during probation
| Type of claim | Service needed | Examples |
|---|---|---|
| Automatically unfair dismissal | None (in most cases) | Dismissed for pregnancy, whistleblowing, raising health and safety concerns, asserting statutory rights |
| Discrimination | None | Dismissal because of a protected characteristic such as race, sex, disability or age |
| Wrongful dismissal | None | Not given the notice (or notice pay) your contract or the law requires |
| Ordinary unfair dismissal | Currently two years | No fair reason, or an unfair procedure |
Automatically unfair dismissal
Certain reasons for dismissal are treated as automatically unfair, whatever your length of service. They include dismissal because of:
- Pregnancy, maternity leave, or other family leave such as paternity, adoption or shared parental leave
- Making a protected disclosure (whistleblowing)
- Raising genuine health and safety concerns
- Asserting a statutory right, such as asking for the minimum wage, holiday pay or a written statement of terms
- Trade union membership or activities
- Jury service, or rights relating to working time and pension auto-enrolment
The key question is the real reason for the dismissal. If your employer says “you did not pass probation” but the timing suggests otherwise (for example, you were let go shortly after announcing a pregnancy or reporting a safety problem), that link is central to a claim.
Discrimination
The Equality Act 2010 protects job applicants and employees from the first day. The nine protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. A dismissal can be discriminatory even if the employer did not intend it, for example if it failed to make reasonable adjustments for a disability and then dismissed you for performance problems linked to that disability. Compensation for discrimination is not capped, unlike ordinary unfair dismissal.
Wrongful dismissal (breach of contract)
Wrongful dismissal is about notice. After one month’s employment, the statutory minimum notice is one week; your contract may give more, even during probation. If you were dismissed without the notice you were owed, and without pay in lieu, you may be able to recover that money. Employers can dismiss without notice only for gross misconduct, such as theft or serious breaches of policy.
Process: what your employer should do
Employers are not legally required to follow a full disciplinary procedure before ending probation for someone without unfair dismissal rights, but good practice (and the Acas Code of Practice on disciplinary and grievance procedures, where it applies to misconduct) points to a fair process: clear objectives, regular reviews, warnings about concerns, a chance to improve and a meeting before any decision. Every worker also has the right to be accompanied by a colleague or trade union representative at a disciplinary hearing, whatever their length of service.
From the employer’s side, a well-run probation process protects both parties. Our articles on HR management advice for businesses and keeping employees engaged at work cover how clear expectations and regular check-ins reduce disputes.
Steps to take if you are dismissed during probation
1. Ask for the reason in writing
You have a statutory right to written reasons after two years’ service, or at any point if you are dismissed while pregnant or on maternity or adoption leave. Even without that right, asking politely for the reason in writing is sensible and creates a record.
2. Gather evidence straight away
- Your contract, offer letter and staff handbook
- Probation review notes, appraisals and any positive feedback
- Emails or messages about the issue you believe caused the dismissal
- A dated timeline of key events, written while memories are fresh
3. Check your notice and final pay
Confirm you received the correct notice (or pay in lieu), wages to your last day and pay for any accrued but untaken holiday. Errors here are common and often easy to fix.
4. Use any internal appeal
If your employer offers an appeal, use it and set out your concerns clearly in writing. It can resolve matters quickly, and it shows a tribunal that you tried to settle the issue.
5. Get specialist advice
Employment law turns on detail, so early advice is valuable. Acas offers free, impartial guidance, and specialist employment solicitors such as Darwin Gray can assess whether your dismissal fits one of the claims above and what it may be worth. Check whether you have legal expenses cover through home insurance or a trade union.
6. Start Acas early conciliation before the deadline
Before lodging most tribunal claims you must notify Acas and go through early conciliation. The usual deadline is three months less one day from the date your employment ended (or from the act of discrimination). Contacting Acas pauses the clock while conciliation runs, but the rules are technical, so do not leave it to the last minute.
Common probation scenarios
- “Not a good fit,” with no other explanation: Frustrating, but usually lawful for someone under the qualifying period, unless the real reason is a protected one.
- Dismissed after sickness absence: If the absence relates to a condition that may count as a disability, a discrimination claim could be possible, particularly where no adjustments were considered.
- Dismissed soon after complaining about pay or hours: This may be dismissal for asserting a statutory right, which is automatically unfair.
- Probation extended, then ended: Check that any extension followed your contract and that you received proper notice at the end.
What you might realistically achieve
Outcomes vary widely. Many disputes settle through Acas or a settlement agreement, often for a payment and an agreed reference. A successful wrongful dismissal claim usually recovers notice pay. Discrimination and automatically unfair dismissal awards can be much larger and may include injury to feelings. Weigh the strength of your evidence, the likely value and the time and stress involved before deciding how far to take it.
This article is general information about UK employment law, not legal advice. Get advice on your own situation from Acas or a qualified employment solicitor.
Frequently asked questions
Can I claim unfair dismissal while on probation?
Not usually for ordinary unfair dismissal, which currently needs two years’ service. You can claim if the dismissal was automatically unfair, discriminatory or in breach of contract.
Is the two-year qualifying period changing?
Reforms passed in 2025 are set to cut it to six months, expected from 2027. The two-year rule applies until the change takes effect, so check the current position.
How much notice am I entitled to during probation?
After one month’s employment the legal minimum is one week, unless your contract gives more. Dismissal without notice is only allowed for gross misconduct.
How long do I have to bring a tribunal claim?
Usually three months less one day from the dismissal, and you must start Acas early conciliation before submitting the claim.
Can I be dismissed for being pregnant during probation?
No. Dismissal because of pregnancy or maternity is automatically unfair and discriminatory, with no minimum service required.
