ACAS Dismissal During Probationary Period: What Employers Need to Know

ACAS dismissal during probationary period is a topic many employers overlook — but getting it wrong can lead to costly consequences. While probationary periods offer flexibility, dismissing an employee during this time must still follow fair and lawful procedures.

This guide will explain what ACAS dismissal during probationary period means, how to apply it correctly, and how to avoid common legal pitfalls.

What Is ACAS Dismissal During Probationary Period?

ACAS dismissal during probationary period refers to the process of ending an employee’s contract during their initial trial phase, in line with guidance from ACAS (Advisory, Conciliation and Arbitration Service). Although probationary periods are not legally required, they are widely used and supported by ACAS as a best practice for assessing new hires.

Employers must follow ACAS guidance to ensure fair treatment, even during probation. Failure to do so can lead to claims of wrongful dismissal or discrimination, despite the employee’s short service period.

Why ACAS Dismissal During Probationary Period Matters

The phrase ACAS dismissal during probationary period may sound technical, but it’s simply about handling early-stage dismissals fairly. According to ACAS, employers should:

• Set clear expectations from day one

• Provide regular performance reviews and feedback

• Offer support and improvement opportunities

• Document all discussions and concerns

• Follow a fair dismissal process, even in probation

These steps are designed to protect both employers and employees, ensuring a transparent and respectful process.

Legal Rights

Even though employees usually need two years of service to claim unfair dismissal, ACAS dismissal during probationary period doesn’t give employers a free pass. From day one, all employees are protected under key UK employment laws, including:

• Protection against discrimination

• Entitlement to notice periods (statutory or contractual)

• Protection from automatic unfair dismissal (e.g. for whistleblowing, pregnancy, etc.)

Following ACAS dismissal during probationary period procedures helps reduce legal risk and demonstrates that your business values fairness and compliance.

Common Reasons for Dismissal During Probationary Period

Employers may consider dismissal during probationary period for a range of reasons, such as:

• Poor performance or failure to meet agreed objectives

• Inappropriate behaviour or conduct issues

• Attendance or timekeeping problems

• Cultural mismatch or inability to adapt to the role

Whatever the reason, ACAS recommends a consistent, evidence-based approach. Employers should ensure the employee understands the concerns and has had a fair chance to improve before dismissal.

How to Handle Dismissal During Probationary Period Step-by-Step

To carry out a dismissal during probationary period properly, follow these key steps:

1. Review performance or conduct with documented evidence

2. Hold a formal meeting to discuss concerns and provide the employee a chance to respond

3. Decide whether dismissal is justified, based on facts and ACAS guidelines

4. Give proper notice, as stated in the contract or required by law

5. Document the process to protect your business and demonstrate fairness

This process ensures your decision aligns with ACAS dismissal during probationary period standards and helps protect against claims of unfair or wrongful dismissal.

Mistakes to Avoid with ACAS Dismissal During Probationary Period

Many employers assume probationary dismissals don’t need much care. But ignoring ACAS dismissal during probationary period guidance can backfire. Common mistakes include:

• Failing to document performance concerns

• Skipping review meetings or feedback

• Not providing notice or using the correct procedure

• Allowing bias or assumptions to influence the decision

• Breaching the contract or policies already in place

By following the ACAS dismissal during probationary period process, you reduce risk and maintain trust with your team.

ACAS Dismissal During Probationary Period and Discrimination Risks

Discrimination is one of the biggest risks when handling ACAS dismissal during probationary period. Employees are protected from discrimination from day one — including protections related to:

• Age

• Gender

• Disability

• Religion or belief

• Race

• Pregnancy or maternity

Even during probation, dismissal must not relate to any of these protected characteristics. Following ACAS guidance ensures your process is fair, documented, and legally sound.

Final Thoughts on ACAS Dismissal During Probationary Period

To sum it up: ACAS dismissal during probationary period is all about striking the right balance between flexibility and fairness. You have the right to end employment if things aren’t working out — but you must do so in a way that’s respectful, documented, and in line with UK employment law.

By following ACAS dismissal during probationary period best practices, you not only protect your business from risk, but also build a reputation for treating people with fairness and professionalism.

Need Support with how to manage a Dismissal During Probationary Period?

At The People Factor, we help employers manage probation reviews and dismissals the right way. If you’re unsure how to handle a dismissal or want to review your current probation process, our HR experts are here to help.

Let’s make sure your process is fair, compliant, and stress-free.
Get in touch with our team today.