Can you be dismissed during your probation period? What the law actually says

There’s no official probation period in UK law. Nothing in legislation defines what one is, sets how long it can last, or governs what happens during it. Whatever your contract says about probation is a term your employer chose to include. It isn’t a legal requirement.

What probation actually changes

The main practical effect of being on probation is your employer’s confidence that dismissing you carries little legal risk. Two years’ continuous service is currently required to bring an unfair dismissal claim. Most probation periods run three to six months, well inside that window. Probation as a label carries no legal weight of its own.

What’s changing in 2027

An early version of the Employment Rights Act 2025 proposed scrapping the two-year rule altogether, giving everyone protection from unfair dismissalA legal claim you can bring if your employer dismissed you without a fair reason or without following a fair process. You normally need two years of continuous employment to qualify, though some dismi... from day one, alongside a “light-touch” dismissal process during a formal probation period. That version didn’t survive the House of Lords.

What actually passed is narrower. From 1 January 2027, the qualifying period for unfair dismissal drops from two years to six months. There’s no day-one right, and no statutory light-touch process for probation. See what else is changing for unfair dismissal claims for the fuller picture, including the removal of the compensation cap. If you come across older coverage describing an “initial period of employment” with relaxed dismissal rules, that’s the version that got dropped, not the law that’s coming into force.

One practical effect is worth flagging. A lot of standard six-month probation periods will, for the first time, sit right on the edge of protected territory once the six-month threshold applies.

What’s protected no matter how long you’ve worked there

Length of service doesn’t affect everything. Some protections apply from your first day, probation or not.

You’re protected from discrimination under the Equality Act 2010The main piece of legislation protecting employees from discrimination at work. It covers nine protected characteristics including age, disability, sex, race, and religion, and makes it unlawful for a... from day one. If a dismissal during probation is actually because of your sex, race, disability, pregnancy, or another protected characteristicOne of the nine characteristics listed in the Equality Act 2010 against which it is unlawful to discriminate. They include age, disability, race, sex, religion or belief, and sexual orientation. If yo..., the two-year rule doesn’t apply, and you can bring a claim.

The same goes for automatic unfair dismissal. If you’re dismissed for whistleblowing, for asserting a statutory right, for a health and safety reason, or for being pregnant or on maternity leave, service length is irrelevant. These claims don’t need two years, six months, or any qualifying periodThe length of continuous employment you need before you can bring certain claims, most importantly unfair dismissal. The qualifying period for unfair dismissal is currently two years, though some righ... at all.

If you think that’s what’s actually happened to you, the fact you were still on probation doesn’t change your legal position.

Notice during probation

Your contract might set a short notice period for probation, often a week. That’s usually enforceable. But statutory minimum notice kicks in after one month’s service: one week’s notice for anyone employed between one month and two years. Your employer can’t give you less than that once you’ve passed the one-month mark, whatever your contract says about probation.

Can your employer extend your probation

Yes, if the contract allows it. Most probation clauses include the option to extend, usually by a further one to three monthsThe standard time limit for bringing most employment tribunal claims, running from the date of the act complained of. Because the limit is three months less one day, you should not wait until what fee.... There’s no legal cap on how long an extension can be, though it should be reasonable and communicated to you before the original period ends.

If your employer never confirmed you’d passed

This comes up often, and the position is more in your favour than most people expect.

If your probation period ends and your employer hasn’t taken any action, hasn’t extended it and hasn’t dismissed you, you’re treated as having passed. The assessment was supposed to happen before the end date. If your employer didn’t make a decision in time, the default is that you continue on your normal terms.

Your employer can’t wait weeks or months, keep employing and paying you as normal, and then dismiss you later by claiming you never technically passed. Once the period has expired without action, continuing to employ you is itself the confirmation.

If you’re in this situation, ask for written confirmation anyway. It costs your employer nothing to send, and it removes any ambiguity if a dispute comes up later.

If you think something else is going on

A dismissal dressed up as “you didn’t pass probation” can still be discriminatory or retaliatory underneath. If the timing lines up with a complaint you raised, a period of sickness, or a protected characteristic, the probation label doesn’t insulate your employer from a claim. Look at what actually happened, not just what your employer called it. Your status affects some of this. See employee, worker, or self-employed if yours isn’t clear.