What happens if I fail probation at work?
Probation is a trial period. It works both ways. If it's not working out, they can let you go with shorter notice (often 1 week). You have fewer rights than long-term employees.
1 The Typical Timeline
If you take no action, this is the standard statutory process. Timescales are approximate but typical for 2026.
Probation Review
They will call a meeting. They must tell you *why* you are failing (performance, attendance, etc.).
Extension vs Dismissal
They might extend probation by 1-3 months to give you another chance. Or they can terminate your employment immediately.
Notice Period
You are entitled to statutory notice (1 week) or contractual notice (whichever is higher). They often pay you in lieu (PILON) so you leave immediately.
Final Pay
You must be paid for hours worked + notice period + untaken holiday. Check your payslip carefully.
2 Free Calculators & Checks
Think it was unfair? Check if you have any legal rights despite being on probation.
Probation Dismissal Validity Check
Was your dismissal legal? Most people have fewer rights than they think during probation.
They often short-change you on notice. Calculate exactly what you are owed.
Notice Pay Entitlement
Even if you fail probation, you shouldn't leave empty handed. Calculate your legal notice pay.
*If they ask you to leave immediately ("Garden Leave" or "PILON"), they MUST pay you for these 0 weeks in full.
The 2-Year Rule
In the UK, you generally cannot claim 'Unfair Dismissal' until you have worked for an employer for 2 years. This means they can fire you for almost no reason (e.g., 'not a good fit') during probation, and you can't sue them.
Summary of Options
Ask for Extension
If you think you can improve, ask for a 1-month extension with clear targets. It shows commitment.
Check for Discrimination
The 2-year rule doesn't apply if you were fired for pregnancy, race, disability, or whistleblowing. That is illegal from Day 1.
Resign Before Fired?
Sometimes it's better to jump. 'Resigned' looks better on a CV than 'Failed Probation'. Negotiate a clean break.
Common Questions
Do they have to give me warnings?
No. Unlike full employees, probationers do not legally need verbal/written warnings before dismissal, unless the contract says so.
Does it go on my record?
There is no central 'record'. But your next employer will ask for a reference. They can ask 'Reason for leaving'.
What if I was sick?
If they fired you because of sickness related to a disability, that is discrimination (Equality Act 2010). You can claim.
Official Sources & References
Related Situations
Other guides accurately explaining what happens next in work & employment .
What happens if I'm made redundant?
Being made redundant is a legal process with strict rules about your payout and notice. You are likely entitled to statutory redundancy pay and key protections.
What happens if I quit my job without notice?
Leaving without notice (breach of contract) allows your employer to deduct extra costs from your final pay. However, they cannot force you to work, and bad references are less common than you think.
What happens if I'm dismissed for misconduct?
Dismissal for misconduct can be immediate ('Summary Dismissal' for Gross Misconduct) or after warnings. You have the right to a fair process and potentially an appeal.