Dismissed during probation?
Being on probation does not take away your right to challenge an unfair dismissal.
Many people think probation is a period with no protection at all. That is not accurate, although it does change some details of a claim.
What it means
Probation is a trial period at the start of a job, before your role is formally confirmed. Ending employment during it usually involves a shorter or simpler process than for a confirmed role.
Fairness still applies during probation. An employer generally needs a real reason connected to your conduct or performance.
Why it matters to you
If your case reaches an Industrial Court award, your status affects the numbers. Back wages are capped at 12 months for a probationer, against 24 months for a confirmed employee.1
So it is worth confirming your exact employment status. It changes what a successful case could be worth.
What rights do you still have
You can still file a claim over an unfair dismissal during probation. The same 60-day deadline applies from your dismissal date, which you can check on the deadline calculator.
If your probation was ending soon, or had been extended more than once, read about confirmation to see how that change of status is treated.
Keep any messages about your probation review or extension, since they often become evidence later.
If you were dismissed during probation and want a lawyer to act, send the date and what happened. An independent employment lawyer can review whether it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Can my employer dismiss me during probation without any reason?
A probationer still generally needs to be treated fairly, and probation does not automatically block an unfair dismissal claim under Section 20. The reason and the process still matter.
Does probation status change what I can recover?
It can affect the back wages calculation, since a probationer's cap differs from a confirmed employee's. It does not remove your right to challenge the dismissal itself.
Sources
- Back wages awarded by the Industrial Court are capped at 24 months for a confirmed employee and 12 months for a probationer, under the Second Schedule of the Industrial Relations Act 1967. DNH, Monetary Remedies at the Industrial Court
Keep reading
If you were dismissed during probation and want a lawyer to act, send the date and what happened. An independent employment lawyer can review whether it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.