Can I be dismissed without reason during my probation period?
Short answer
Largely yes, for now. With under two years' service you cannot claim ordinary unfair dismissal, so an employer can end probation without detailed reasons — but not for a discriminatory reason or a protected one like whistleblowing or pregnancy, and they must still give you proper notice.
Probation feels precarious because, legally, it is: the right to claim ordinary unfair dismissal requires two years of continuous employment, so a dismissal during a six- or twelve-month probation usually cannot be challenged as unfair, even if it seems harsh.
The limits on probation dismissals
That does not make probation a law-free zone. A dismissal during probation is unlawful if it is:
- Discriminatory — because of disability, sex, race, religion, sexual orientation, pregnancy or any other protected characteristic under the Equality Act 2010. No length of service is needed to claim.
- Automatically unfair — for whistleblowing, asserting a statutory right (such as the minimum wage), trade union activity, or a health and safety complaint.
You also keep your contractual rights. Your employer must give you your notice — probationary notice periods can be short (a week is common) but never below the statutory minimum of one week after a month's service. Dismissal without that notice, absent gross misconduct, is wrongful dismissal. And day-one rights continue throughout probation: written terms, minimum wage, holiday accrual, working time protections and Statutory Sick Pay from your first day of sickness.
A probation extension is only lawful if your contract permits it or you agree to it — your employer cannot impose one unilaterally.
This area of law is changing
The Employment Rights Act 2025 will remove the two-year qualifying period, making unfair dismissal a day-one right. The government's proposed approach includes a statutory "initial period" of around nine months during which a lighter-touch fairness test applies — employers will still be able to dismiss during probation, but not entirely without reason or process. These provisions are not yet in force and need a commencement order, so check the current status with Acas before relying on them. If you are dismissed during probation now, look hard at whether the real reason was discriminatory or protected — that, rather than ordinary unfair dismissal, is usually the viable route. Our discrimination claim wizard can help you check.
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