Your rights after a probation dismissal
Your job ended during probation, and you want to know what you can still do.
Does probation limit your protection?
No, probation is a stage of employment, not a separate legal category with fewer rights. You can file a written representation within 60 days of the dismissal on the same basis as a confirmed employee.1
What differs for a probationer is narrower. It mostly concerns the remedy, not the right to file.
Why is the back wages cap lower for probationers?
If a claim succeeds, back wages are capped at 12 months for a probationer, against 24 months for a confirmed employee.3 The cap reflects length of service, not a view that a probationer’s claim carries less weight.
Know this figure early, since it shapes what a realistic outcome looks like.
What if you were close to confirmation?
Record it carefully if you were dismissed shortly before a confirmation date. Do the same for repeated extensions of probation with no explanation.
These details can show whether the employer had a genuine, timely reason or was avoiding the confirmation decision. Keep every message about extended probation or delayed reviews.
Where does the burden sit?
Once a claim is filed, the employer must show the dismissal was for just cause or excuse, not the other way round.2 That includes explaining the reason given.
It also means showing whether the process leading up to it was reasonable for a probationer.
How do you turn your rights into action?
Check your dates on the 60-day deadline calculator. A right not used in time cannot be enforced later.
The page on dismissal during probation sets out what a fair dismissal process looks like. If you decide to file, the Section 20 representation page explains the step.
If you want a lawyer to act on these rights, an independent employment lawyer can look at your paperwork and take it forward if it holds up.
If you believe your rights were breached when your probation ended, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your probation terms and the reason given. An independent employment lawyer can tell you 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
Do probationers have the same rights as confirmed staff?
For an unfair dismissal claim, yes. Probation status does not remove your right to file a representation, and the same deadline and process apply.
Why is the back wages cap different for probationers?
If a case succeeds, back wages for a probationer are capped at 12 months, against 24 months for confirmed staff. That is a cap on the remedy, not a sign that a probationer's claim is weaker.
Who has to prove the dismissal was fair?
The employer does. You do not have to prove your innocence, since the law puts the burden on the employer to show just cause or excuse.
Does it matter that I was never confirmed?
Not being confirmed does not remove your right to challenge the dismissal. It mainly affects how any back wages remedy is worked out, not whether you can file.
Sources
- An employee who believes a dismissal had no just cause or excuse can file a written representation to the Director General of Industrial Relations within 60 days of the dismissal Mah Weng Kwai & Associates
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
- Back wages 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
Keep reading
If you believe your rights were breached when your probation ended, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your probation terms and the reason given. An independent employment lawyer can tell you 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.