What probation does and does not change
As at 30 September 2026, ordinary unfair dismissal in Great Britain usually requires two years' continuous employment; in Northern Ireland it usually requires one year. Some automatically unfair dismissal claims and discrimination claims have no such qualifying period. The GB Employment Rights Act 2025 plans a six-month ordinary unfair-dismissal qualifying period from January 2027: it is not yet operative.
Day-one risks
Do not assume short service excuses discrimination linked to a protected characteristic, a dismissal for a qualifying protected disclosure, protected health-and-safety activity, pregnancy or certain statutory rights. A concern raised shortly before dismissal is worth investigating, but timing alone does not prove whistleblowing or reverse every burden of proof. NI discrimination legislation differs from the Equality Act 2010 in GB. Disability-related performance concerns may require reasonable adjustments where the statutory conditions are met; mere signs of absence do not automatically establish knowledge of a disability.
Managing probation
Set clear expectations, review progress, give specific feedback and keep contemporaneous records. Discuss possible support, training or appropriate adjustments. If extending probation, check the contract and confirm the terms and new review date in writing. Avoid suggesting that a particular checklist makes a dismissal immune from challenge.
Before dismissal, check the real reason and any protected activity or characteristic; consider whether an investigation, meeting or appeal is appropriate under the circumstances and your policy. Apply any contractual procedure and pay at least the applicable notice (the statutory minimum in GB is one week once an employee has worked at least a month, unless summary dismissal is justified). Pay accrued untaken statutory holiday and other wages due. A disciplinary hearing may carry a statutory right to accompaniment; a simple probation review is not automatically such a hearing. Tell the employee the reason and provide written confirmation. Seek advice on complex cases.
Compensation is not universally uncapped: discrimination and certain whistleblowing awards can be uncapped, while ordinary unfair dismissal has different limits as at this date. Do not rely on a fixed injury-to-feelings range without checking the current applicable guidance and jurisdiction. No anonymous case account or award is asserted here without evidence.
👉 Employer guidance: https://myredundancyrights.co.uk/employer
Official guidance: GOV.UK unfair dismissal eligibility; Acas dismissals; Acas disciplinary Code (GB); LRA (NI).