Is a probationary employee entitled to the same protections as a permanent employee?
Asked by Anonymous · Answered 31 Jan 2026
Probationary employees generally have somewhat fewer protections against termination compared to confirmed employees — employers typically retain broader discretion to terminate a probationer's employment without going through the same elaborate disciplinary process required for a confirmed employee, since probation is specifically meant to be an assessment period.
That said, this discretion isn't entirely unlimited — termination during probation still generally needs to follow whatever specific notice period is mentioned in your appointment letter for the probation period, and cannot be used as a pretext for clearly discriminatory or otherwise unlawful reasons (such as terminating someone specifically because of pregnancy, which remains protected regardless of probation status).
It's worth checking your specific appointment letter's terms regarding probation, notice period, and any conditions for confirmation, since these govern your specific situation. If you believe your termination (or a threatened one) is for a discriminatory or otherwise unlawful reason rather than genuine performance concerns, it would be worth discussing the specifics with a labour lawyer.
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