What happens if you fail your probation period in the UK? Your rights explained

If you fail your probation period, your employer may extend it, offer additional support or dismiss you from your role. Failing probation does not automatically mean you will lose your job.

Your employer should explain the concerns about your performance, discuss the outcome with you and follow a fair and reasonable process.

If your employment ends, you will normally be entitled to your contractual or statutory notice, whichever is greater, along with outstanding wages and payment for accrued but unused statutory holiday.

You also retain important employment rights during probation, including protection against discrimination and certain forms of automatically unfair dismissal.

Important change for 2027: From 1 January 2027, the qualifying period for ordinary unfair dismissal protection in Great Britain will reduce from two years to six months. This means employers will need to pay particular attention to probation decisions involving employees approaching or exceeding six months of service.

What is a probation period?

A probation period is an initial period of employment during which an employer assesses whether a new employee is suitable for their role.

It also gives the employee an opportunity to decide whether the job, organisation and working environment meet their expectations.

Probation periods commonly last three or six months, although there is no general legal requirement for an employer to use one and no universal statutory length.

Employers may assess factors such as:

• Job performance: Whether the employee can complete the work to the required standard.
• Knowledge and skills: Whether they have or can develop the competencies needed.
• Attendance and reliability: Whether they meet reasonable expectations, taking account of relevant legal protections.
• Professional conduct: Whether they follow appropriate workplace policies and standards.
• Progress and development: Whether they respond to feedback, training and support.

A probation period should not simply be a waiting period before an employee becomes permanent. It should be a structured opportunity to establish expectations, provide feedback and identify any support needed.

Can you be dismissed for failing probation?

Yes. An employer may dismiss an employee who has not met reasonable performance or conduct expectations during probation.

However, failing probation does not remove the employee's legal rights.

Employers must still comply with contractual obligations, statutory notice requirements and relevant employment protections.

Where an employee qualifies for ordinary unfair dismissal protection, the employer must also be able to demonstrate a potentially fair reason for dismissal and a fair process.

For employees who have not yet met the qualifying period, ordinary unfair dismissal protection may not apply. However, claims involving discrimination, certain automatically unfair reasons or breach of contract may still be possible.

Employment rights are changing in January 2027

The Employment Rights Act 2025 changes the qualifying period for ordinary unfair dismissal claims in Great Britain.

This change does not abolish probation periods.

Employers can continue to use them, including probation periods longer than six months. However, an employee who has acquired unfair dismissal protection does not lose that protection merely because they are still on probation.

For managers, this makes early performance discussions, meaningful support and accurate documentation particularly important.

What are the possible outcomes of a probation review?

There are generally three possible outcomes.

1. You successfully complete probation

Your employer confirms that you have met the required expectations.

Depending on your contract, this may trigger changes to your notice period, contractual benefits or other employment arrangements.

However, statutory employment rights do not suddenly begin when you pass probation. Many protections already apply from the start of employment.

2. Your probation period is extended

An extension allows your employer more time to assess performance or provide additional support.

This might happen where you have made some progress but have not yet consistently met the required standards.

A reasonable extension should have clear expectations, an appropriate timescale and agreed review arrangements.

For example, an employee who is struggling with a particular software system might receive an additional four weeks of structured training and supervised practice.

The employer should confirm the extension in accordance with the employment contract and relevant probation policy.

3. Your employment is terminated

If your employer concludes that you have not met the requirements of the role, they may decide to end your employment.

They should explain the outcome, confirm the applicable notice arrangements and provide details of final payments.

A dismissal should not be treated as an administrative formality simply because the employee is on probation.

Workplace example: failing probation after three months

Imagine Sarah joins a business as a customer service adviser.

Her contract includes a three-month probation period.

During her first month, Sarah receives positive informal feedback. However, in the final week of probation, her manager tells her that her performance has not met expectations and that her employment will end.

Sarah is surprised. She has not previously received any specific concerns, performance targets or formal development support.

What should sarah consider?

Sarah should review her employment contract and probation policy to understand the process her employer has committed to following.

She can ask for an explanation of the concerns and whether the employer considered additional training or an extension.

She should also check that her notice and outstanding holiday entitlement have been calculated correctly.

If Sarah believes the decision relates to discrimination, an automatically unfair reason or another breach of her rights, she should seek appropriate advice.

However, the absence of previous negative feedback does not automatically mean Sarah has a successful ordinary unfair dismissal claim, particularly where she has not completed the qualifying period.

What could the employer have done differently?

A more effective approach would have involved regular review meetings, clear feedback and an opportunity for Sarah to understand the standards required.

This would not necessarily guarantee that she passed probation.

It would, however, make the process more transparent and give both parties an opportunity to address concerns before reaching a final decision.

The purpose of probation should be to assess and support performance, not to reveal previously undisclosed concerns at the final meeting.

Can your employer fail you without giving a warning?

Potentially, yes.

There is no universal legal requirement for an employer to issue a formal warning before dismissing every employee who fails probation.

The applicable rights depend on factors including the employee's length of service, the reason for dismissal, contractual terms and whether statutory protections apply.

An employer should nevertheless follow its contractual procedures and take a reasonable approach.

Acas recommends that probation outcomes should not come as a surprise and that concerns should be discussed throughout the probation period.

For managers, regular feedback is not just a matter of good practice. It creates opportunities to identify problems early and demonstrate the support provided.

Can you appeal a failed probation decision?

You may be able to appeal, depending on your employer's policies, contractual procedures and the circumstances of the dismissal.

There is not an automatic statutory right to appeal every unsuccessful probation decision.

However, offering an appeal can support a fair and transparent process, particularly where dismissal is involved.

If you want to challenge the outcome, consider asking:

• What specific expectations did I fail to meet?
• When were these concerns identified and communicated?
• What evidence was used to reach the decision?
• Was additional training or a probation extension considered?
• Is there a formal appeal process?
• Have the terms of my employment contract been followed?

Keep your communication professional and focused on the facts.

An appeal should explain why you believe the decision or process was incorrect, rather than simply expressing disagreement with the outcome.

Do you get notice pay if you fail probation?

Usually, yes.

In Great Britain, employees with at least one month's continuous employment are generally entitled to a statutory minimum of one week's notice when dismissed.

If the contract provides a longer notice period, the employer must normally honour the longer entitlement.

For example:

The statutory notice period continues to increase with completed years of employment, up to a maximum of 12 weeks.

An employer may sometimes end employment without notice in cases of gross misconduct. However, ordinary failure to meet performance expectations is not automatically gross misconduct.

Employers may also make a payment in lieu of notice where permitted by the contract or agreed with the employee.

What happens to your holiday pay?

Failing probation does not remove your entitlement to statutory paid annual leave.

If employment ends, an employee is generally entitled to payment for statutory holiday accrued but not taken, subject to the applicable legal rules.

For example, imagine an employee receives 28 days of statutory annual leave per year, including bank holidays, and has worked for three months.

For a regular five-day working pattern, their approximate accrued entitlement would be:

28 days × 3 ÷ 12 = 7 days

If they have already taken two days, approximately five days may remain payable.

This is a simplified example. Actual calculations can depend on the holiday year, working pattern, leave already taken and contractual arrangements.

Can your employer fail your probation because you were sick?

Sickness absence can affect an employer's ability to assess an employee during probation, but the employer must consider the circumstances carefully.

For example, where an employee has been absent for a significant period, an employer might consider an extension to allow a proper assessment.

However, disability-related absence may trigger additional obligations under the Equality Act 2010.

Employers have a duty to make reasonable adjustments where the legal requirements apply, and they must not unlawfully discriminate against employees because of disability.

Pregnancy-related sickness and certain forms of family-related leave also carry specific protections.

An employer should never assume that an employee's probation can simply be failed because they have experienced a period of protected absence.

Is failing probation unfair dismissal?

Not necessarily.

Failing probation and unfair dismissal are not interchangeable terms.

In Great Britain, employees generally need to meet the statutory qualifying period before bringing an ordinary unfair dismissal claim.

Until 31 December 2026, that period is normally two years.

From 1 January 2027, it will reduce to six months.

However, some claims do not require the ordinary qualifying period.

Examples may include dismissals connected with:

• Pregnancy or maternity.
• Certain whistleblowing disclosures.
• Trade union activities.
• Exercising certain statutory employment rights.
• Certain health and safety activities.

Discrimination claims are also subject to separate legal protections and do not require two years of service.

An employee who believes their dismissal was unlawful should seek advice based on the specific facts.

What should you do if you have failed probation?

If you have just been informed that you have failed probation, focus on understanding the decision and protecting your employment rights.

Step 1: request confirmation in writing

Ask your employer to confirm the outcome, the reasons for the decision and your employment end date.

Although not every employee has a statutory entitlement to written reasons, asking for written confirmation is sensible.

Step 2: review your contract

Check the probation provisions, notice requirements and any internal appeal process.

Step 3: check your final payments

Make sure you understand what you will receive in outstanding wages, notice pay where applicable and accrued holiday pay.

Step 4: consider whether to challenge the decision

If the employer has not followed its contractual procedures, or you believe discrimination or another unlawful reason contributed to the dismissal, seek advice promptly.

Step 5: reflect constructively

If the concerns genuinely relate to performance, consider what the experience has taught you.

Perhaps you needed more structured training, clearer expectations or a different working environment.

Failing probation does not necessarily mean you lack the ability to succeed in another role.

It may mean that a particular role, set of expectations or organisational environment was not the right fit.

What should managers do when an employee is struggling during probation?

A probation process should be designed to help employees succeed while giving employers a reasonable basis for assessing suitability.

Managers can strengthen the process by establishing clear expectations at the beginning and holding meaningful reviews throughout.

Useful practices include:

1. Setting measurable performance expectations.
2. Providing regular feedback with specific examples.
3. Identifying training and development needs.
4. Recording agreed actions and review dates.
5. Considering reasonable adjustments where required.
6. Reviewing whether the employee has received appropriate support.
7. Considering an extension where additional time could realistically resolve concerns.
8. Communicating the outcome clearly and professionally.

Managers should also reflect on their own contribution.

Was the employee properly inducted? Were expectations realistic? Did they receive the resources and guidance needed to perform effectively?

A failed probation should not automatically be interpreted as an employee failing the organisation.

Sometimes it reveals weaknesses in recruitment, induction or management practices.

Frequently asked questions

Does failing probation go on your employment record?

Your former employer will generally retain appropriate employment records, subject to data protection and retention requirements. There is no universal public register of people who have failed probation.

Do you have to tell future employers you failed probation?

You should answer recruitment questions honestly. You do not normally need to volunteer every detail of a previous probation outcome unless relevant information is requested or disclosure is otherwise required.

Can you fail probation after six months?

Yes. An employer can operate a probation period longer than six months or extend it in accordance with applicable contractual requirements.

From January 2027, ordinary unfair dismissal protection will generally apply after six months of continuous employment in Great Britain, regardless of whether the employee remains on probation.

Can you resign before your probation review?

Yes. You can resign during probation, provided you comply with your applicable notice obligations.

Can an employer extend probation more than once?

Potentially, depending on the contract, probation policy and circumstances. Repeated extensions should have a clear purpose, appropriate contractual basis and reasonable expectations.

Can you be dismissed immediately during probation?

Dismissal without working a notice period may be possible where lawful payment in lieu of notice is made, or where summary dismissal is justified, such as in cases of gross misconduct.

An employer cannot normally avoid a statutory or contractual notice obligation simply by describing the outcome as a failed probation.

How long do i have to challenge a probation dismissal?

Employment tribunal deadlines depend on the claim and dismissal date. Since 1 October 2026, the usual time limit for many employment tribunal claims in Great Britain has increased to six months, although exceptions and transitional rules apply.

You should obtain advice promptly, particularly where an earlier deadline may apply. Internal grievances or appeals do not necessarily stop tribunal time limits.

Final thoughts: probation should be a process, not a surprise

Probation periods serve an important purpose. They help employers make informed decisions while giving employees an opportunity to demonstrate their abilities and assess whether a role suits them.

But their value depends on how they are managed.

An employee who discovers they have failed probation without understanding the expectations, receiving meaningful feedback or being given an opportunity to improve is unlikely to view the experience as fair or constructive.

Equally, employers should not be expected to retain employees indefinitely where reasonable performance expectations have not been met.

The objective should be a transparent process in which expectations are clear, concerns are addressed early and decisions are supported by evidence.

A successful probation process isn't one where everyone passes. It's one where nobody is left wondering how the decision was reached.

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Authoritative sources and further reading

• Acas: Understanding probation periods
• Acas: Probation review meetings
• Acas: Extending probation
• Acas: Dismissal during probation
• GOV.UK: Eligibility to claim unfair dismissal
• Acas: Notice periods

This article provides general employment information for England, Scotland and Wales. Northern Ireland has separate employment legislation. The content is not individual legal advice, and specific rights depend on employment status, contractual terms, length of service and the circumstances of each case.