Can I Dismiss Someone in Their Probation Period? What Changes in 2027

Currently, employees need 2 years of continuous service before they can bring an ordinary unfair dismissal claim. A probation period of 3 or 6 months sits well within the 2-year zone where employers have significant freedom to dismiss. Automatically unfair reasons (pregnancy, whistleblowing, protected characteristics) apply from day one regardless.

This position continues until 31 December 2026. Use this time to get your dismissal and performance management procedures right — because from 1 January 2027 the rules change significantly.

From 1 January 2027, employees with 6 months' service or more will have the same full unfair dismissal protection that employees with 2+ years have today. That means:

• A fair reason is required — conduct, capability, redundancy, statutory illegality, or some other substantial reason.
• The full ACAS Code of Practice on Disciplinary and Grievance Procedures applies.
• A proper investigation, the right to be accompanied at a hearing, and the right to appeal must all be provided.
• The dismissal must be within the range of reasonable responses.
• Employees under 6 months will have no ordinary unfair dismissal claim — but automatically unfair reasons still apply from day one.

Even during probation, even with under 6 months' service, there is no protection against automatically unfair dismissal claims. These have no qualifying period — an employee can bring them on day one. Automatically unfair reasons include dismissal because the employee:

• Is pregnant or on maternity, paternity, adoption, or shared parental leave
• Made a protected disclosure (whistleblowing)
• Asserted a statutory right (e.g. queried their SSP entitlement, requested a written statement of particulars)
• Took part in trade union activities or sought union recognition
• Made a health and safety complaint or refused to work in unsafe conditions
• Requested flexible working
• Took statutory leave (e.g. compassionate leave, parental bereavement leave)

Dismissals linked to protected characteristics (age, sex, race, disability, religion, sexual orientation, etc.) are also unlawful discrimination claims with no qualifying period. No service threshold — current or future — gives you any protection against these claims.

These steps are good practice now and will be legally required for employees with 6+ months' service from 1 January 2027:

1. Document concerns early. From week one, record any performance or conduct issues in writing. An informal email to the employee noting a concern, or a note-to-file after a conversation, creates a contemporaneous record that protects you if challenged later. From 1 January 2027, this paper trail will be essential for employees with 6+ months' service.
2. Hold a formal meeting before dismissing. Tell the employee face-to-face (or by video call) what the issues are. Give them a chance to respond. Keep notes. From 1 January 2027, for employees with 6+ months' service, this must follow the full ACAS Code — investigation, formal hearing, right to be accompanied, right to appeal.
3. Check for protected characteristics or statutory rights invoked. Before any dismissal, ask: has this person raised anything recently? Have they mentioned pregnancy? Raised a health and safety concern? Made a complaint about pay? If yes, take legal advice before proceeding — these are automatically unfair dismissal risks with no qualifying period.
4. Give proper contractual notice. Probation dismissals require contractual or statutory notice (whichever is greater). Minimum statutory notice after one month of employment is one week. Check your contract — many say "one week's notice during probation" which is fine, as long as it's at least the statutory minimum.
5. Confirm in writing. Issue a dismissal letter stating the reason, the notice period, the last day of employment, and how to appeal. From 1 January 2027, for employees with 6+ months' service, offering a right of appeal is required — not optional good practice.
6. Pay any accrued holiday. Regardless of the reason for dismissal, the employee is entitled to payment for any holiday accrued but not taken. Failure to pay this is a separate unlawful deduction from wages claim that they can bring immediately, regardless of service length.

You can contractually extend a probation period, but this has a critical implication under the rules taking effect 1 January 2027: the 6-month qualifying period runs from the employment start date, not from when probation ends. An extended probation does not delay when the employee acquires unfair dismissal rights.

So if you extend a 3-month probation by another 3 months and the employee reaches 6 months' service during that extended probation, they will have full unfair dismissal rights from that point. A probation extension does not give you a lighter process or more freedom to dismiss — from 1 January 2027, it simply doesn't work that way.

The practical implication: don't use a probation extension to delay a difficult decision. If the employee isn't working out, follow a proper process and act decisively. After 6 months (from 1 January 2027), you need the full ACAS Code regardless of whether the employee is still technically "on probation".