The Probation Myth
One of the most persistent myths in employment law is that employees have no rights during a probationary period. This is wrong, and it costs people valid claims every year. Probationary periods are a contractual concept -- they appear in employment contracts and set out a trial period during which your employer assesses your suitability. They have no statutory basis and do not remove your legal protections.
The confusion arises from the qualifying period for unfair dismissal, which currently requires two years of continuous employment. During that two-year period, most employees cannot claim ordinary unfair dismissal. But that is a separate and limited point. There are significant protections that apply from day one -- and dismissal during probation can still be unlawful on several grounds.
Rights That Apply From Day One
The complete step-by-step guide: I Have Just Been Dismissed -- 48-Hour Action Pack.
Discrimination protection under the Equality Act 2010 applies from the first day of employment. If you were dismissed for a reason connected to a protected characteristic -- disability, pregnancy, race, sex, age, religion, sexual orientation, gender reassignment -- you have a discrimination claim regardless of how long you had worked. There is no qualifying period. Compensation is uncapped.
Whistleblowing protection applies from day one. If you made a protected disclosure -- reported a legal breach, a health and safety risk, or other qualifying concern -- and were dismissed as a result, you have a claim under the Employment Rights Act 1996 regardless of length of service. Compensation is uncapped.
Automatic unfair dismissal grounds apply from day one. These include dismissal connected to pregnancy, asserting a statutory right, trade union membership or activities, jury service, and several other listed reasons. If your dismissal connects to any of these, the two-year qualifying period does not apply.
From January 2027, the qualifying period for ordinary unfair dismissal reduces from two years to six months under the Employment Rights Act 2025. If your dismissal happens after that date, even ordinary unfair dismissal will be available after six months of service.
What Your Employer Must Still Do
Even during a probationary period, your employer has obligations. They must pay you for the notice period specified in your contract (or statutory minimum notice if the contract is silent -- one week after one month of employment). They must follow any disciplinary procedure set out in the contract. If the contract specifies a probation review process, they should follow it. Failing to follow their own contractual procedures can give rise to a wrongful dismissal claim in the civil courts, regardless of length of service.
The Most Dangerous Ground -- Dismissal During Pregnancy
Dismissal during a probationary period that is connected to pregnancy is one of the strongest employment claims available. It is automatically unfair, uncapped, and available from day one. Employers who dismiss pregnant employees "on probation" face significant exposure. The burden shifts to them to prove the dismissal was entirely unconnected to the pregnancy -- and the timing of a dismissal shortly after a pregnancy announcement makes that burden very hard to discharge.
What to Do Now
Think carefully about whether any of the day-one protections apply to your situation. Were you pregnant or recently pregnant? Did you raise any concern about safety, legal compliance, or wrongdoing? Do you have a disability? Were you treated differently to colleagues without your protected characteristic? Did your employer follow their own contractual procedure? If the answer to any of these is yes, contact ACAS at acas.org.uk today. Your time limit is three months less one day from dismissal.