Dismissed during probation: what rights do you have?

Being let go in your first few months is a shock, and most people assume they have no rights at all. That is not true. Your options are narrower than for longer-serving staff, but they are real, and from 2027 the rules shift significantly.

Is there a legal probation period?

No. Probation is a contractual arrangement, not a legal status. There is no statutory minimum or maximum length, and the Employment Rights Act 2025 has not created one. What matters legally is how long you have worked, not whether you are "on probation".

Unfair dismissal: the service rules

To claim ordinary unfair dismissal you currently need two years' continuous service. Under the Employment Rights Act 2025, that falls to six months where the effective date of termination is on or after 1 January 2027 (GOV.UK confirms this date).

In practice:

• Dismissed before 2027 with under two years: no ordinary unfair dismissal claim, but other claims below still apply.
• Effective date of termination on or after 1 January 2027 with six months' service: you can claim ordinary unfair dismissal, even if your contract still calls it probation.

Your notice period can affect the effective date, so check the dates carefully. Our qualifying period guide covers the detail.

Rights you have from day one

• Discrimination. Dismissal because of disability, pregnancy, race, sex, age, religion, sexual orientation or another protected characteristic is unlawful at any stage. See disability discrimination and race discrimination.
• Automatically unfair reasons. Dismissal for reasons such as pregnancy, asserting a statutory right, or raising health and safety concerns needs no qualifying service.
• Notice. After one month's service you are entitled to at least one week's statutory notice, or more if your contract says so. Probation clauses often set a shorter contractual notice, but never below the statutory week. See pay in lieu of notice.
• Pay owed. Wages to your last day and accrued holiday must be paid.

Was it really about performance?

Employers usually say probation was not passed for performance reasons. Look at the timing. Were you let go shortly after disclosing a health condition, a pregnancy, or asking for an adjustment? Were you given any feedback or a chance to improve? If not, that timeline may point to discrimination. Our pillar guide to capability dismissal explains what a fair performance process looks like, and the performance improvement plan guide shows what support employers usually offer.

Example: Tom started a new role in March and told his manager in May he had been diagnosed with Crohn's disease. Two weeks later he was told he had failed probation, with no prior concerns raised. Despite short service, he could bring a disability discrimination claim, with no cap on compensation for lost earnings and injury to feelings.

Can your probation be extended?

If your contract allows it, yes. Extensions are common and are often a better outcome than dismissal, because they give you time to show improvement. Ask what exactly needs to change and request the targets in writing. Be aware that an extension does not pause your continuous service, so it still counts towards the six months that will matter from 2027.

What about a reference?

There is generally no legal duty to give a reference, but if one is given it must be true, accurate and fair. Some employers agree to a neutral reference as part of an exit. If you think you have a claim, an agreed reference can form part of a settlement.

Probation and notice periods in practice

Suppose your contract says one week's notice during a six month probation. You start on 1 July 2026 and are dismissed on 20 December 2026 with one week's notice. Your effective date of termination is 27 December 2026, before the new rules start, so you would need two years for ordinary unfair dismissal. Had the employer given notice ending in January 2027, you would have more than six months' service and the new rules would apply. Pay in lieu of notice can bring the termination date forward, which is why exact dates matter.

What to do now

• Ask in writing for the reasons for dismissal
• Gather emails, feedback and any appraisal notes
• Check your contract for notice and probation terms
• Note dates: you normally have three months less one day from dismissal to start ACAS early conciliation

If you think the real reason is unlawful, talk to a specialist quickly. Match My Solicitor connects you with an employment solicitor for a free first conversation. Tell us what happened.