Can I be made redundant whilst on probation?
Rachel Hernandez
Updated on March 24, 2026
Also, can you be made redundant during probation?
Employees cannot be dismissed during their probationary period.
Beside above, can you be made redundant without pay? Short-term and temporary lay-offs
You can claim statutory redundancy pay if you're eligible and you've been temporarily laid off (without pay or less than half a week's pay) for either: more than 4 weeks in a row.
Accordingly, can you let an employee go during probation?
Under the at-will doctrine, an employer may terminate an employee at any time, even during a probationary period. Before considering termination, you might want to place the employee on a performance improvement plan to rectify their behavior.
Can I be made redundant and then replaced?
This has been – sadly – common during the recession and economic downturn as businesses have had to scale right back. However, if they then hire someone to replace you after being made redundant, this is illegal and you could file for wrongful or unfair dismissal…
Related Question Answers
Can you make just one person redundant?
It can consist of only one employee particularly if the work they do is unique and diminishing. You must be able to explain the reason for your pool selection. 4. Adopt a fair selection procedure – if more than one employee to be made redundant.What are my rights if I am made redundant?
Your right to a minimum notice periodAccording to redundancy law, you're entitled to a minimum notice period of: 12 weeks' notice if employed for 12 years or more. At least one week's notice if you have been employed between one month and two years. One week's notice for each year if employed between two and 12 years.
Are probation periods Legal?
Legally, there's no such thing as a probationary period. For example, your employer may want to extend your probationary period in order to have more time to assess your performance. However, they can only do this if your contract has a term which says your probationary period can be extended under these circumstances.What are the stages of redundancy?
Basically, there are five main stages to consider during the redundancy process:- Stage 1: Preparation.
- Stage 2: Selection.
- Stage 3: Individual Consultation.
- Stage 4: Notice of Redundancy and Appeals.
- Stage 5: The Termination Process.
How do I terminate a probationary employee?
For the termination of a probationary employee, Article 281 of the Labor Code says that if during this probationary period, it becomes evident that the employee fails to meet the company's standards or any of the above-mentioned just causes occur, the employer is eligible to terminate their contract.How do I decide who to make redundant?
Employers do, therefore, have a broad measure of flexibility in determining the selection pool for redundancy.The following criteria can be used when selecting employees for redundancy:
- Skills and experience;
- Attendance and disciplinary records;
- Standard of work performance; and.
- Aptitude for work.
Can I refuse to work redundancy notice?
Your job won't end until the end of your notice period, even though you don't have to come to work. This will increase your redundancy pay if it means you'll have completed another full year with your employer. Your current employer can occasionally ask you to come into work while you're on garden leave.What is an employer watching for during the probationary period?
On the one hand, it gives the employer opportunity to assess objectively whether the new employee is suitable for the job taking into account their capability, skills, performance, attendance and general conduct.What benefits can I claim if made redundant?
Claiming benefitsIf you've been made redundant or been told that you will soon be made redundant, there are 3 main types of financial support that could be available to you: Universal Credit. New Style Jobseeker's Allowance (New Style JSA) New Style Employment and Support Allowance (New Style ESA)
What is the minimum redundancy payment?
The statutory redundancy payment is a lump-sum payment based on the pay of the employee. All eligible employees are entitled to: Two weeks' pay for every year of service they have since they were 16 and. One further week's pay.Are you entitled to holiday pay if made redundant?
When you are made redundant, you are also entitled to any holiday pay you are owed for untaken holiday days. However, be wary – if you have taken MORE days than your entitlement your employer is within their legal rights to dock this from your final pay settlement.Can you be fired while on furlough?
A furloughed public employee retains their employment rights. Government employees cannot be fired or replaced without process. For a public employee who has been furloughed, rather than laid off, this means that they have a presumptive right to return to that position if they choose and it exists.How long after being made redundant can I get another job?
A Typically there are no restrictions on you taking up employment after you are made redundant. The trouble is that some employers often stipulate that you do not take up any employment for, say, three months after you accept the severance package.Can I be sacked on furlough?
The HMRC guidance explicitly states that 'your employer can still make you redundant while you're on furlough or afterwards. However, if employees are served with notice of dismissal, secondary issues arise on notice periods and pay for furloughed employees.What should I do if I am made redundant?
Preparing for after redundancy- Help getting a new job.
- Taking time off to look for work.
- Check you got all the money you're entitled to.
- Check if you have to pay tax on your redundancy pay.
- Claiming benefits.
- Help paying your rent or mortgage.
- Get advice about any debts.
- Get independent financial advice.
