Employers can dismiss someone on probation, however, the employer must ensure they have followed a fair and lawful procedure in deciding to terminate their employment.
Common reasons for dismissal during the probation period include:
- Lack of skills/ capability
- Gross misconduct
- Poor timekeeping
- Frequent or long-term sickness
Before any decision to terminate is made, any performance or conduct concerns with the employee should be raised and they should be given a reasonable period to improve. If the employee fails to meet expectations, they should be invited to a formal probation review meeting which should be sent in writing. If your employment contract specifies a notice period, this should be provided in writing too. If you plan to dismiss the employee immediately after the meeting, offer pay in lieu of notice.
Acas guidelines state that employees who have been with the company for one month or more (up to two years) are entitled to a statutory notice period of one week. There is no statutory requirement to give notice for employees less than a month, but providing reasonable notice is good practice.
It is often the case, though not always, that employees who are still within probation period have insufficient length of service to bring a claim for ordinary unfair dismissal. This makes it possible for employers to expedite the dismissal process by following a reduced procedure. The most common reasons for dismissal during or at the end of the probation period are related to conduct or performance (capability).
