- Published
Yes, an employee can be terminated during their probation period, but a fair and reasonable process still needs to be followed.
Probation does not remove an employer’s obligation to act fairly or lawfully.
What employers should consider
Before terminating during probation, employers should:
- ensure expectations were clearly communicated before the decision is made to terminate
- give the employee an opportunity to respond/improve
- document any concerns raised
- confirm the reason for termination
Even in probation, decisions should not be made without a clear and reasonable basis.
What about unfair dismissal?
Employees are generally not eligible to make an unfair dismissal claim unless they have completed the minimum employment period (usually 6 months, or 12 months for small businesses with fewer than 15 employees).
However, other risks may still apply, including:
- general protections claims
- discrimination claims
What employers need to remember
Probation is not a risk-free period. Communication is still key, even if the business and the employee consider it a ‘trial’ period.
Employers should still follow a fair process and ensure decisions are reasonable, documented, and consistent.
