Probation periods are a legal grey area — you have fewer rights, but not no rights. Understanding what your employer can and cannot do protects you from unlawful treatment even in the early months.
Your Rights During Probation
| Right | During probation? |
|---|---|
| National Minimum Wage | Yes — always |
| Statutory notice (1 week after 1 month) | Yes |
| Holiday pay for accrued leave | Yes |
| Unfair dismissal (standard) | No — needs 2 years |
| Automatically unfair dismissal (day-one) | Yes |
| Discrimination protection (Equality Act) | Yes — from day one |
| Whistleblowing protection | Yes — from day one |
| SSP (after 4 consecutive sick days) | Yes |
Common Probation Scenarios
| Outcome | What it means |
|---|---|
| Pass | Contract continues; full terms apply |
| Extension | More time given; specific targets set |
| Dismissal | Notice period applies; no unfair dismissal claim (usually) |
| No review held | Probation may be deemed passed — check your contract |
What To Do If Facing Probation Dismissal
- Ask for the specific concerns in writing — vague feedback is not enough
- Request a clear improvement plan if the aim is probation extension rather than immediate dismissal
- Check the notice period in your contract — ensure notice or PILON is paid
- Consider day-one rights — if you suspect the dismissal is linked to pregnancy, a protected characteristic, or raising concerns about something illegal, seek advice immediately
- Request any outstanding pay and holiday pay before your last day
Getting a Reference
Probation dismissal may affect the reference your employer gives. Consider:
- Agreeing reference wording as part of any final settlement
- Asking for a basic factual reference (dates of employment, job title)
- Whether the employer’s probation policy commits them to any particular reference format
Your Legal Rights During Probation
Many employees assume they have no rights during a probation period. This is not accurate:
- Statutory notice — employees with at least 1 month’s service are entitled to at least 1 week’s statutory notice (even during probation), unless your contract specifies a shorter probation notice period (often 1 week — which is lawful during probation)
- Day-one rights — you have full protection against automatic unfair dismissal from day one (for protected reasons: whistleblowing, maternity, union membership, asserting a statutory right, etc.)
- Discrimination protection — Equality Act protections apply regardless of length of service
- Written reasons for dismissal — you only have the right to written reasons for dismissal if you have 2 years’ service or are dismissed while pregnant or on maternity leave
If your probation was extended rather than failed, check whether the extension is within the contractual probation period length and whether proper feedback and support was provided.