Your rights if dismissed on probation
You were dismissed before being confirmed and wonder if you still have rights.
Do probationers have rights if dismissed?
Yes. The common belief that probation removes all protection is wrong. A probationer can still bring an unfair dismissal claim, and the employer must prove the dismissal was for just cause or excuse.2
Probation gives an employer more room to judge whether you fit the role. It does not remove the need for a genuine reason and a fair process.
How does the remedy differ for probationers?
What differs is what a successful claim can produce, not whether you have rights. If reinstatement is not ordered, back wages can be awarded, capped at 12 months for a probationer compared with 24 months for a confirmed employee.1
That gap reflects shorter service, not a lesser right to challenge. Knowing the cap helps you weigh the claim honestly.
How was your probation actually run?
Some contracts set milestones or reviews. If yours promised a review and none took place before the dismissal, note that clearly.
Compare what you were told when hired with how the probation unfolded. A wide gap between the two is a detail worth raising early with whoever reviews your case.
What should you do if you were dismissed on probation?
Write down the reason given, any warnings or feedback, and how long you had to improve. Read what to do after being fired during probation for practical next steps, and see how an extension differs from termination if yours was extended first.
If you want to challenge the dismissal, an employment lawyer can check whether your facts point to a claim and act for you if they do.
If you were dismissed while on probation and want to challenge it, an independent employment lawyer can review your letter and what you were told. They can act if it is worth pursuing.
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 for any reason at all?
No. A probationer can still be unfairly dismissed, and the employer must still give a genuine reason if challenged. Probation gives an employer more room to assess fit, not a free pass to dismiss without cause.
Do I get less compensation because I was on probation?
If a claim succeeds and back wages are awarded, the cap for a probationer is lower than for a confirmed employee. Your right to challenge an unfair dismissal is the same; only the possible award differs.
Does length of service on probation matter?
It can. A very short probation with no real chance to perform can support an argument that the process was not fair, while a longer one with documented concerns is viewed differently.
What if my probation was extended instead of ended?
An extension is different from a dismissal, though it can raise fairness questions of its own. If you were dismissed after an extension, the same rights still apply.
Sources
- Back wages awarded for unfair dismissal are capped at 12 months for a probationer, compared with 24 months for a confirmed employee. DNH
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
Keep reading
If you were dismissed while on probation and want to challenge it, an independent employment lawyer can review your letter and what you were told. They can act if it is worth pursuing.
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.