How should I dismiss an employee during probation for misconduct, and what legal protections do I have?

During the probation period (first 2 years of employment), dismissal for misconduct is significantly simpler than after probation ends. The key legal difference is that employees with less than 2 years' service have limited recourse to unfair dismissal claims.

**What members reported:**

- **Probation period advantage** — If the employee has worked less than 2 years, you have stronger legal ground. Members noted "the law is on your side here" when dismissing within this window, though you should still follow proper procedures.

- **Discrimination claims remain a risk** — While unfair dismissal claims are weaker during probation, discrimination claims (gender, race, etc.) can still be filed at any point and carry real legal risk. One member warned: "if she gets good advice and is bloody minded… a gender-discrimination claim will bog you down in a legal mire you don't want to be anywhere near." Timing of employment makes no difference to discrimination law.

- **Follow a formal process** — Members who successfully navigated dismissals reported following "a 6 step plan" and getting advice from HR professionals. One member secured a resignation with negotiated severance (1 month's pay) by following proper procedures.

- **Get HR advice** — The community strongly recommended consulting an HR expert before proceeding. One member offered to DM the original questioner; another noted they consulted "a senior HR person from John Lewis."

**Caveat:** Even with strong evidence of misconduct (drinking on duty, inappropriate customer statements, poor staff management), follow formal dismissal procedures to avoid discrimination claims, which carry legal and financial risk regardless of probation status.