I was dismissed during probation, can I claim unfair dismissal?

Probationary periods are not a separate legal category — they are simply the first weeks or months of employment during which the employer typically retains greater flexibility to dismiss. However, they do not remove your legal rights.

Standard unfair dismissal protection requires two years of continuous employment under the Employment Rights Act 1996. During this qualifying period, an employer can dismiss you without the usual procedural requirements and without having to show a fair reason, unless the dismissal falls within a protected category.

Day-one rights that apply regardless of length of service include: dismissal connected to pregnancy or maternity (automatically unfair); dismissal for whistleblowing (protected disclosure); dismissal for asserting a statutory right (e.g., asking for minimum wage); dismissal for reasons connected to trade union membership; dismissal related to a protected characteristic under the Equality Act 2010 (discrimination, harassment, victimisation); dismissal for taking jury service; and others.

If none of these apply, you can still claim: notice pay (if your contract provides for notice during probation, or if statute requires it — one week after one month of employment); unpaid wages or holiday pay; and breach of contract if the employer failed to follow a contractual probation process.

Some probation clauses specify a procedure to be followed before dismissal during probation. If such a clause exists and was not followed, you may have a breach of contract claim even if you cannot claim unfair dismissal.

Always read your contract carefully before concluding you have no claim.