Dismissed during probation? Your legal rights still apply

Probation is not a separate legal category. Your rights are determined by law, and many of them apply from day one — regardless of probation status.

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Can I claim anything if I was dismissed on my first day?

Yes. Dismissal for a discriminatory reason (age, disability, race, sex, pregnancy) gives a discrimination claim with no service requirement. Whistleblowing or asserting a statutory right also gives an automatic unfair dismissal claim. You can’t bring ordinary unfair dismissal (needs 2 years).

I was pregnant during probation and was dismissed — what can I claim?

Dismissal because of pregnancy or any pregnancy-related reason is automatic discrimination, regardless of probation or service. You can also claim automatic unfair dismissal. Gather all evidence of your announcement and any related comments.

My employer says I ‘failed probation due to poor performance’ — what can I challenge?

If under 2 years’ service, you can’t bring ordinary unfair dismissal. But if the assessment was discriminatory or pretextual — standards applied differently because of a protected characteristic — you may have a discrimination claim.

Does my employer’s appeal process apply during probation?

If the handbook or contract includes an appeal right, it usually applies during probation. Using it preserves evidence and may reveal the real reason for dismissal, but isn’t mandatory.

Is a probation policy in the employee handbook contractual?

Typically yes, if the handbook is incorporated into your contract. If your employer fails to follow its own probation policy, that’s evidence of unfairness and may support wrongful dismissal or discrimination claims.

What evidence should I gather if dismissed during probation?

Collect your contract and probation policy, performance reviews, the dismissal letter, related emails, comparator evidence, communications about protected characteristics, and dates of meetings.

Dismissed during probation? Your legal rights still apply

Last updated: April 2026

Discrimination and whistleblowing protection apply immediately

Ordinary unfair dismissal requires 2 years of service

Even on probation, your employer must follow a fair process

What probation actually means legally

In law, there is no special "probation" category. A probationary period is simply an internal arrangement whereby your employer has set a period (typically 3–6 months, sometimes longer) to assess whether you are suitable for the role.

your employment rights are not suspended or reduced during probation.

Your status as an employee or worker is determined by the law and the facts of your engagement, not by the probation label. During probation:

Day one rights (no qualifying period needed)

Protection from discrimination

You cannot be dismissed because of age, disability, gender reassignment, marriage or civil partnership, pregnancy, race, religion or belief, sex, or sexual orientation. This applies from your very first day, even if on probation.

Whistleblowing protection

If you report a breach of law, health and safety concern, or miscarriage of justice, and you are dismissed as a result, that is automatic unfair dismissal — no qualifying period. This applies during probation.

Automatic unfair dismissal for exercising statutory rights

If dismissed for requesting statutory sick pay, time off to care for dependents, jury service, or similar statutory rights, that is automatic unfair dismissal from day one.

Protection from unlawful wage deduction

Your employer cannot deduct from your pay without written consent, except for tax. This applies immediately.

National minimum wage

You must be paid at least the statutory minimum for your age group, from your first day of work.

Even during probation, if dismissed after one month of service, your employer must give you statutory notice (one week minimum) or pay in lieu.

Dismissed during probation?

Check whether your dismissal was unlawful — discrimination and whistleblowing claims have no qualifying period.

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What you CAN'T claim without 2 years

Some rights require completion of a qualifying period of service. The most common is:

Ordinary unfair dismissal

Requires 2 years of continuous service.

If dismissed during probation without 2 years' service, you cannot claim ordinary unfair dismissal unless:

In these cases, the 2-year requirement is removed and you can claim automatically unfair dismissal.

Statutory redundancy pay

Only available to employees with 2 years' service. During probation, you cannot claim redundancy pay.

Discrimination dismissal during probation — a strong claim

One of the most common scenarios: an employee is dismissed during probation because of a protected characteristic (pregnancy, disability, race, etc.). This is discrimination, and it is automatic unfair dismissal — no 2-year requirement.

In these cases, the timing (probation) is irrelevant. Discrimination applies from day one. These are often strong cases because the causal link between the protected characteristic and the dismissal is often clear.

What if my probation was extended unfairly?

An employer can extend a probation period if the contract or the employee handbook allows it. However, an extension cannot be used as a pretext to avoid statutory protections.

If your probation was extended in a discriminatory way, or if the extension was used to avoid giving you statutory rights (for example, extending to try to avoid triggering the right to redundancy pay), that may be challengeable. The extension itself is not automatically unfair, but the reason for it matters.

Procedure during probation

Even though you are on probation, your employer should still follow a fair procedure before dismissing you. If your contract or employee handbook sets out a probation policy, that policy is binding.

A fair procedure typically includes:

If your employer failed to follow its own probation policy, or if the procedure was unfair (for example, no meeting, no chance to respond, or no warning), that strengthens a wrongful dismissal claim. In discrimination or whistleblowing cases, procedural unfairness is strong evidence of unlawful motive.

Wrongful dismissal during probation

Even without 2 years' service, if your employer dismissed you

without contractual or statutory notice

, that is wrongful dismissal.

Statutory notice: After one month of service, if you are dismissed, you must be given one week's notice (or pay in lieu). If your employer dismissed you immediately without notice, that is wrongful dismissal.

For example: You start a job, work for 2 months (still in probation), and are told at the end of Friday that you are dismissed, effective immediately. You were not given a week's notice or payment in lieu. That is wrongful dismissal, and you can claim the wages you would have earned during the notice period.

This is a claim for breach of contract, which can be pursued in the civil courts (up to £100,000) or sometimes in the employment tribunal (up to £25,000 depending on circumstance).

Frequently asked questions

Can I claim anything if I was dismissed on my first day?

Yes. If dismissed on your first day for a discriminatory reason (age, disability, race, sex, pregnancy, etc.), you have a discrimination claim with no time requirement. If dismissed for raising a concern or exercising a statutory right, you have an automatic unfair dismissal claim. If dismissed without statutory notice, you can claim wrongful dismissal. However, you cannot claim ordinary unfair dismissal (requires 2 years). Assess your specific situation with Start My Claim.

I was pregnant during probation and was dismissed — what can I claim?

Dismissal because of pregnancy (or any pregnancy-related reason) is automatic discrimination, regardless of probation status or length of service. Pregnancy discrimination is a very strong claim. You can also claim automatic unfair dismissal (related to pregnancy) and unfair dismissal for exercising maternity rights. These are some of the strongest cases in employment law. Gather all evidence of the dismissal, your pregnancy announcement, and any comments made.

My employer says I "failed probation due to poor performance" — what can I challenge?

If dismissed purely for performance and you have under 2 years' service, you cannot claim ordinary unfair dismissal. However, if the performance assessment was discriminatory (marked down because of a protected characteristic), or if there was no fair procedure (no meeting, no warning, no chance to improve), you may have other claims. Also check: was the assessment pretextual (a cover for discrimination)? If performance standards were applied differently to you than to other employees based on a protected characteristic, that is discrimination.

Does my employer's internal appeal process apply during probation?

If your employee handbook or contract includes an appeal right, it typically applies during probation as well. Using the appeal process is optional but can be strategic: it preserves evidence, shows you tried to resolve the matter internally, and the appeal decision can reveal the real reason for dismissal. However, if you believe you have an immediate tribunal claim (discrimination, whistleblowing), you may choose to file directly rather than delay for an appeal.

Is a probation policy in the employee handbook contractual?

Typically yes. If your handbook sets out probation procedures and is incorporated into your contract (usually by reference in the offer letter or contract), then the probation policy is binding on your employer. If your employer fails to follow its own probation policy, that is evidence of unfairness and may support wrongful dismissal or discrimination claims.

What evidence should I gather if dismissed during probation?

Collect: (1) Your contract and any probation policy. (2) Performance reviews and feedback during probation. (3) The dismissal letter explaining why probation was failed. (4) Any emails, messages, or notes relating to your performance or the dismissal decision. (5) Comparison: how were other employees on probation treated? (6) Any communications about protected characteristics (pregnancy, disability disclosures, etc.). (7) Dates of any meetings or conversations. (8) The probation period start and end dates. This evidence will be crucial in Start My Claim.

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