Common Myths About Being On Probation

A few beliefs about probation dismissal situations get repeated often enough that they start to sound like settled fact.

Some of them are close to true, others are not, and the difference matters for what you decide to do next.

Myth, probationers have no rights at all

This is false. Probationers can still bring an unfair dismissal claim under Section 20 if they believe the dismissal lacked just cause or excuse, exactly like any confirmed employee.

Being unconfirmed does not remove this right, though it does affect one specific remedy if a claim succeeds.

Myth, the burden shifts to you during probation

This is also false. Your employer still carries the burden of showing just cause or excuse for the dismissal, the same standard that applies to any other worker¹.

You do not need to prove your own innocence first, whatever your confirmation status happened to be at the time.

Myth, any negative feedback automatically justifies dismissal

This is false as well. A single negative review, without a genuine chance to address the concerns raised, may not meet the standard of a fair dismissal on its own. A pattern of clear, consistent feedback is a different matter entirely.

Ask for the specific concerns raised, in writing, and compare them against any targets you were actually given during your time there.

Myth, my probation extending indefinitely means nothing changed

This is also worth questioning. If your probation kept being extended instead of ending in either confirmation or dismissal, that timing pattern can itself be relevant to how your eventual dismissal is assessed.

Bring the exact dates of every extension you received to a lawyer for review alongside everything else.

Myth, a lower remedy cap means there is no point checking

This is only partly true. Back wages for a probationer are capped at twelve months, compared with twenty four for a confirmed employee². That lower ceiling does not mean no claim exists, only that the financial upside differs.

Understanding your position costs you nothing to explore, regardless of what the eventual remedy might look like.

What should you do this week?

Write down which of these myths you had assumed were true, and check them against your actual situation. Read your rights after a probation dismissal, and confirm your window with the deadline calculator before filing a Section 20 representation.