What notice period applies if I am dismissed during my probation?

Full answer

Probationary periods are a contractual concept, not a distinct legal status, meaning your statutory notice and dismissal protection rights largely follow the same general rules as any other employee, subject to some practical differences employers often build into probation-specific contract terms. **Statutory minimum notice** Once you have been continuously employed for one month or more, you are entitled to at least one week's statutory minimum notice, regardless of whether you are still within a probationary period -- employees with under one month's service generally have no statutory minimum notice entitlement at all. **Contractual notice during probation** Many employment contracts specify a SHORTER notice period during probation than applies once probation is successfully completed (for example, one week during probation, rising to one month afterwards) -- provided this contractual notice is not less than the statutory minimum for your length of service, this shorter probationary notice is generally lawful and will apply. **Limited unfair dismissal protection** Employees generally need a minimum period of continuous service to bring an ordinary unfair dismissal claim, meaning most employees dismissed during a typical probationary period do not have access to ordinary unfair dismissal protection, though certain automatically unfair dismissal reasons (such as dismissal related to pregnancy, whistleblowing, or specific discrimination grounds) do not require this minimum service and can be challenged regardless of length of service. **Worked example** Someone is dismissed after 10 weeks of employment, during their probationary period, for performance reasons unrelated to any protected characteristic or automatically unfair ground. Because they have less than the qualifying service period needed for ordinary unfair dismissal protection, they generally cannot bring an unfair dismissal claim on ordinary grounds, but are still entitled to their contractual (or statutory minimum, if longer) notice period, and any accrued but untaken holiday pay. **Extending probation** Employers can often extend a probationary period (if the contract allows it) rather than confirming permanent employment or dismissing outright, giving more time to assess suitability -- check your contract for whether extension is permitted and on what basis. **Practical tip** Check your contract's specific probationary notice period (it may be shorter than the standard post-probation notice) and be aware that limited unfair dismissal protection during early service means the main legal safeguards during probation relate to discrimination, automatically unfair reasons, and getting your correct notice and accrued holiday pay, rather than a general right to challenge the fairness of a probationary dismissal itself.

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