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View full libraryA practical guide to dismissing an employee with less than six months' service. Helps managers assess the business case, check legal and contractual risks, and decide whether a direct, proportionate approach is appropriate without automatically starting a lengthy formal process.
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If you are managing employee dismissal, the toolkit brings together practical HR templates covering investigations, hearings, decisions, outcome letters and appeals.
This guide brings together the key information, considerations and practical guidance you need to understand the subject, make informed decisions and take an appropriate and consistent approach. Preview the document below.
Purpose of this guide
This guide helps managers decide whether dismissing an employee with less than six months' service is the right business decision and, where appropriate, take a straightforward and proportionate approach without automatically starting a lengthy formal procedure.
Short service does not mean that an employee has no employment rights. The objective is to identify the real business reason for dismissal, check the relevant legal and contractual risks, and choose an appropriate route. Where the case is straightforward, a direct approach may be possible. Where a legal risk, contractual requirement or unresolved issue exists, the manager should pause and consult HR.
Stage 1: Decide whether dismissal is the right business decision
Start by identifying what is not working. Consider the employee's performance, conduct, attendance, suitability for the role or the wider circumstances affecting the employment relationship.
Assess the impact on the business, including productivity, quality, customer service, safety, team workload and management time. Balance the cost and disruption of retaining the employee against the cost of dismissal, recruitment, induction and training a replacement. Consider whether the problem is likely to improve and whether there is a realistic business case for retaining the employee.
The
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Dismissing an employee with less than six months' service may be relatively straightforward, but short service does not remove all employment rights or contractual obligations. Managers still need to identify a lawful reason for dismissal, understand the business impact and check whether the circumstances require additional care.
This guide provides a practical, commercially focused approach. It is designed to help managers avoid defaulting to a lengthy formal disciplinary or capability process where a direct and proportionate route is appropriate, while recognising when HR advice or a more formal procedure is needed.
Consider why the employment relationship is not working, the effect on the team and operation, the prospects of improvement and the cost of retaining or replacing the employee. The aim is to make a clear, defensible business decision rather than follow a process automatically.
Discrimination and certain automatically unfair dismissal protections can apply from the beginning of employment. Managers should also check contractual notice, probation provisions and relevant policies. If the decision may relate to a protected characteristic, protected activity or complaint, or the facts are unclear, consult HR before proceeding.
Where the reason is lawful, the facts are clear and no contract or policy requires a formal procedure, it may be possible to communicate the decision directly and confirm it in writing. Do not automatically arrange a formal hearing, but do not bypass an applicable procedure or ignore circumstances that need investigation.
Check notice, any permitted PILON, final salary and accrued holiday pay. Confirm the decision in writing and check any applicable appeal arrangements. The qualifying period for ordinary unfair dismissal protection in Great Britain is due to change on 1 January 2027, so the termination date and law then in force must be considered.
Related HR resources and workflow
Explore the HR resources that may be relevant before and / or after using the Managers guide to dismissing an employee with less than six months service, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.
Our Dismissal Confirmation Meeting Script template provides a structured approach, maintaining sensitivity and clarity while discussing the reasons for dismissal with the employee.
Use the following as a practical framework for assessing the situation, considering the available options and deciding on the appropriate course of action. Follow each step in sequence to support consistent, informed and appropriate decision-making.
Understand the common mistakes to avoid when using this HR template, helping you reduce risk, prevent unnecessary costs and ensure the process is handled correctly.
Potentially, yes. A formal disciplinary meeting is not automatically required for every short-service dismissal. Check the reason for dismissal, the contract, relevant policies and any legal risks first. If a procedure is required or the circumstances warrant one, do not bypass it simply to save time. Seek HR advice if unsure.
Do not assume that probation removes the need to consider the reason for dismissal. A lawful reason and compliance with contractual requirements remain important. Discrimination and certain automatically unfair dismissal protections can apply from the start of employment. It is sensible to record the reason and confirm the decision in writing.
Usually, yes. Employees with at least one month's continuous employment are generally entitled to at least one week's statutory notice, subject to exceptions, and their contract may provide more. Check whether the contract permits PILON. Dismissal without notice should only be considered where there is a sound legal basis.
As at October 2026, the usual qualifying period for an ordinary unfair dismissal claim in Great Britain remains two years for dismissals taking effect before 1 January 2027, subject to exceptions. The qualifying period is due to reduce to six months from 1 January 2027, subject to commencement and transitional provisions. Other protections, including discrimination and certain automatically unfair dismissal rights, can apply regardless of service. Check the law applicable to the effective termination date.
HRDocBox provides practical HR resources to help managers and HR professionals make informed decisions and apply workplace processes consistently. This guide focuses on the commercial decision, the legal risks and the practical steps needed to handle a short-service dismissal proportionately, without automatically defaulting to an unnecessarily lengthy procedure.
HRDocBox provides a structured, reusable management resource with references to ACAS and official guidance. AI can help explore a situation, but its output may omit important facts or misstate current employment law. Check the applicable law, contract and company policies, and seek HR or legal advice where the circumstances create uncertainty or risk.
How this content is developed and reviewed
The Managers guide to dismissing an employee with less than six months service is developed using a practical HR methodology that considers current UK employment legislation, ACAS guidance, CIPD good practice and the real-world HR process it supports. Templates and supporting information are regularly reviewed and updated, with additional reviews triggered by significant changes to legislation, guidance or established HR practice, helping ensure each document remains practical, relevant and suitable for UK employers.
Darryl Horn, Chartered HR Director
Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.
He has extensive practical experience of managing dismissal HR processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
HRDocBox has been creating practical UK HR documents since 2009.
"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."
"He is someone I trust; consistent, dependable, and committed to doing things properly."
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