TL;DR: Too long, Didn’t read
The “2-Year” Rule: You generally cannot claim “Unfair Dismissal” (e.g., being fired for “not being a good fit”) unless you have worked there for 2 years.
The Exception: You CAN claim for “Wrongful Dismissal” from Day 1 if your employer broke the contract (e.g., didn’t pay notice or followed the wrong procedure).
The “Automatic” Rights: You can sue immediately if you were fired for pregnancy, whistleblowing, or health & safety reasons.
The Tool: Use our copy-paste appeal letter below to demand your unpaid notice pay.
It is the meeting everyone dreads. You are called into the office (or a Zoom call) and told: “It’s not working out. We are terminating your probation effective immediately.” Panic sets in. You Google your rights, and most websites tell you the same thing: “You have no rights unless you have worked there for 2 years.”
This is wrong. While you can be fired more easily during probation, you still have contract rights. If your employer didn’t follow the rules written in your contract, you could have a claim for Wrongful Dismissal. Here is exactly how to check if you are owed money, and a free template letter to help you get it.
Unfair vs. Wrongful Dismissal (The Big Difference)
To fight back, you need to know which weapon to use.
1. Unfair Dismissal (The “Reason”)
What it is: Arguing that the reason for firing you was unfair (e.g., “You said I was bad at the job, but I hit all my targets”).
The Rule: You usually need 2 years of service to claim this.
The Verdict: If you are on probation, you generally cannot use this.
2. Wrongful Dismissal (The “Contract”)
What it is: Arguing that the way they fired you broke the contract.
The Rule: This is a Day 1 Right.
The Scenario: Your contract says “We will give 1 month’s notice.” They fire you and say “Leave today, we aren’t paying you notice.”
The Verdict: This is illegal. You can claim that unpaid money.
The “Notice Pay” Trap
This is where most employers try to save money. Check your contract. Look for the “Notice Period” clause.
Statutory Minimum: If you have worked there for 1 month, the law says you must get at least 1 week’s notice.
Contractual Notice: Many offer letters state “1 month notice” even during probation.
The Loophole: If they fire you “immediately” (PILON – Payment in Lieu of Notice), they MUST pay you for that notice period.
Example: You earn £2,000/month. Notice is 1 month. They fire you instantly. They owe you £2,000 (minus tax). If they don’t pay, that is Wrongful Dismissal.
Were You Fired for an “Automatically Unfair” Reason?
Even on probation, there are some reasons for dismissal that are automatically illegal (Day 1 Rights). You can sue for these immediately:
Pregnancy/Maternity: Fired because you told them you are pregnant.
Health & Safety: Fired because you refused to work in dangerous conditions (e.g., no PPE).
Whistleblowing: Fired because you reported illegal activity.
Asserting Statutory Rights: Fired because you asked for your legal holiday pay or minimum wage.
The “Procedural” Breach (Did They Promise a Meeting?)
Look at your contract’s “Disciplinary Procedure” section. Does it say: “We will always hold a disciplinary meeting before dismissal”? If it does, and they fired you via text or email without a meeting, they have breached the contract.
Note: Many contracts say this procedure “does not apply during probation,” so check the wording carefully.
Free Template: The Probation Appeal Letter
Do not plead “fairness”- plead “Breach of Contract.” Copy and paste this letter if you have been fired without proper notice pay or procedure.
Subject: Appeal Against Dismissal / Breach of Contract – [Your Name]
Dear [HR Manager/Boss Name],
I am writing to formally appeal my dismissal on [Date] and to raise a grievance regarding a Breach of Contract (Wrongful Dismissal).
1. Breach of Notice Period My contract (Clause [X]) states that I am entitled to [1 Week / 1 Month] notice. I was dismissed with immediate effect and have not received Payment in Lieu of Notice (PILON). This is a breach of contract. I request that this payment of £[Amount] be made immediately.
2. Procedural Irregularity My contract states that a disciplinary meeting will be held prior to dismissal. No such meeting took place. This constitutes a failure to follow contractual procedure.
Please confirm within 7 days that the outstanding notice pay will be remitted to my account. Failure to do so will result in further action via ACAS Early Conciliation to recover these sums.
Sincerely, [Your Name]
Frequently Asked Questions
Can I be fired for sickness during probation?
Generally, yes. However, if the sickness is related to a Disability (protected under the Equality Act 2010) or pregnancy, firing you for it is discrimination. You can claim for this on Day 1.
Do I get paid for holidays I haven’t taken?
Yes. When you leave, you must be paid for any accrued statutory holiday days that you haven’t used yet. This is a legal requirement, not a “bonus.”
(Sources: ACAS – Dismissal While on Probation, GOV.UK – Wrongful Dismissal)
We are not solicitors. This guide explains the difference between contractual (wrongful) and statutory (unfair) dismissal in the UK. Use the template at your own risk.