This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Facing redundancy while on probation? Understand your statutory rights, eligibility for redundancy pay, and what fair process your employer must follow during your trial period.
Employees and employers often use probation periods at the start of a new job to assess suitability. During this time, it is common for both sides to expect a shorter trial period or modified procedures for ending employment. However, questions arise when a job is made redundant during probation. This guide explains what redundancy means in this context, what rights apply, how the law treats redundancy during a probation period, notice requirements, potential claims, and practical considerations.
What Is a Probation Period?
A probation period is typically a defined span at the beginning of employment during which an employer assesses an employee's performance and fit for the role. It may be written into the contract or described in a separate probation policy. There is no statutory requirement for a probation period in UK law, but it is common in many employment contracts.
While probation influences internal expectations and notice periods, it does not create separate legal status for statutory rights. Employees on probation remain employees with legal protections from the first day of employment, although some rights depend on length of service.
Redundancy: Legal Definition
Redundancy arises when an employer no longer needs employees to do a particular kind of work, the business closes or relocates, or there is diminished need for employees generally. It is a recognised statutory reason for dismissal under the Employment Rights Act 1996.
Redundancy applies to employees, including those on probation, but the statutory rights that attach to redundancy (such as redundancy pay) depend on qualifying criteria like length of service.
Can You Be Made Redundant During Probation?
Yes. An employee can be made redundant during a probation period because redundancy is a reason for ending employment regardless of probation status. Probation does not prevent redundancy from occurring. However, certain legal protections and entitlements may not apply until service thresholds are met.
Notice Periods When Redundant
Employees, including those on probation, are entitled to a minimum statutory notice period when dismissed, whether the reason is capability, conduct or redundancy. After one month's service, the minimum statutory notice is one week. Longer notice may be specified in the contract.
Key point: A probation period may include a shorter contractual notice clause, but the statutory minimum still applies. If contractual notice is longer than the statutory minimum, the employer typically must honour the contractual term, unless the contract allows otherwise.
Statutory Redundancy Pay and Service Requirements
Statutory Redundancy Pay
Statutory redundancy pay is due only to employees with at least two years' continuous service at the date of dismissal. This requirement is statutory and does not change because of a probation period. Employees dismissed as redundant before reaching two years' service will not qualify for statutory redundancy pay.
This means that an employee on probation will generally not be entitled to statutory redundancy pay if their continuous service is shorter than two years, even if the dismissal is genuinely for redundancy.
Contractual Redundancy Pay
Some employers offer enhanced redundancy pay under the terms of the contract (often more generous than the statutory minimum). If the contract includes such terms, these provisions may apply even during probation if the qualifying service criteria are met or if the contract does not distinguish probation from ordinary service.
Employees should check their contract to determine whether enhanced redundancy terms apply during probation.
Unfair Dismissal Rights
Under current law, employees need two years' qualifying service to bring a claim for ordinary unfair dismissal, including claims based on redundancy selection or process. This rule applies regardless of probation periods.
However, there are exceptions:
- Automatically unfair dismissal claims can arise from certain reasons such as whistleblowing or discrimination, and these do not require a qualifying period.
- Members of specific protected groups (e.g. pregnant employees) have additional protections.
Legislative reform in progress may change the qualifying period for unfair dismissal claims. Proposals under the Employment Rights Bill aim to remove the two‑year requirement and introduce an “initial period” with modified dismissal procedures, but redundancy dismissals may still require proper process, and statutory redundancy pay entitlement remains linked to two years' service under current law.
Procedural Requirements for Redundancy
Even for employees on probation, employers should follow a fair redundancy process. There is no statutory probation exception to redundancy procedures such as consultation and fair selection.
Fair process elements include:
- Clear explanation of the redundancy situation
- Genuine consultation, where possible
- Objective selection criteria
- Consideration of suitable alternative employment
Failure to follow fair procedures can give rise to an unfair dismissal claim (once qualifying service is met) or other claims such as discrimination or breach of contract.
Common Practical Scenarios
Scenario 1: Redundancy During Early Months
An employee is dismissed as redundant after a short probation period. They will normally be entitled to statutory notice but not statutory redundancy pay if they have less than two years' service. If discrimination or automatic unfair reasons arise, they may have other claims.
Scenario 2: Contractual Notice Period Longer Than Statutory Minimum
Where the contract specifies a notice period longer than one week, and the employee is in probation, the employer typically must honour that contractual notice unless the contract permits shorter notice during probation.
Scenario 3: Redundancy and Future Rights Reform
If statutory reform comes into force establishing day‑one unfair dismissal protection or reducing qualifying periods, employees dismissed during probation might have expanded rights to bring unfair dismissal claims related to redundancy processes under future law. Employers should monitor these reforms.
Practical Steps for Employees
- Check your contract for probation terms, notice periods, and any enhanced redundancy provisions.
- Confirm length of continuous service to assess entitlement to statutory redundancy pay.
- Request written reasons for redundancy and details of how the selection and consultation process was conducted.
- Seek advice from Acas or Citizens Advice if you believe your redundancy is unfair, discriminatory, or procedurally flawed.
- Consider early conciliation through Acas before lodging any employment tribunal claim.
Practical Steps for Employers
- Ensure redundancy is genuine and unrelated to the probationary status.
- Follow fair procedures for consultation and selection, even for probationary employees.
- Clarify contractual probation terms and notice periods to avoid disputes.
- Document communications and decisions relating to redundancy selections.
- Seek legal advice before dismissing employees during probation to reduce risk of claims.
Common Questions
Does being on probation mean I cannot be made redundant?
No. Probation does not prevent redundancy. An employer can make an employee redundant at any time, including during probation, provided the redundancy is genuine and a fair process is followed.
Am I entitled to redundancy pay on probation?
Not statutory redundancy pay unless you have at least two years' service. Contractual redundancy pay depends on your contract terms.
Can I claim unfair dismissal if made redundant during probation?
Normally not for ordinary unfair dismissal if service is less than the qualifying period, but exceptions for automatic unfair reasons, discrimination or future statutory reforms may apply.
Key Takeaways
Employees in England and Wales can be made redundant during a probation period. While probation may affect notice periods and expectations, it does not change fundamental legal entitlements: statutory redundancy pay requires two years' service, and usual unfair dismissal rights depend on qualifying service (subject to proposed reforms). Employers must follow fair redundancy procedures regardless of probation status. Employees should review their contracts, document the redundancy process, and consider advisory and conciliation services if they believe their dismissal was unfair or mishandled.
