We’re back with another edition of our Dear Deirdre HR Agony Aunt series in partnership with BeyondHR, tackling real workplace issues faced by local employers and providing straightforward, expert advice on everything from employee relations and absence management to difficult workplace conversations.

Led by HR expert Deirdre McDermott, who brings more than 30 years of industry experience, the series offers practical, people-focused guidance to help businesses confidently navigate everyday HR challenges.

This month’s Dear Deirdre question comes from a local business owner who is unsure how to handle an employee who isn’t meeting expectations during their probationary period.

Many employers assume probationary periods make dismissals straightforward. While probation can provide greater flexibility, it’s important to remember that employers must still act fairly, consistently and in line with their own procedures.

Dear Deirdre,

We recently hired a new employee for our business in Ballymoney. They’re still within their probationary period, but unfortunately things aren’t working out as we’d hoped.

We’ve provided training and support, but their performance isn’t where it needs to be, and there have been concerns around reliability and attention to detail.

As a small business, we need someone who can hit the ground running, but we’re worried about getting into legal trouble if we decide to let them go.

Can we dismiss someone during probation, and what steps should we take to make sure we’re handling it properly?

Concerned Employer, Ballymoney

Dear Concerned Employer,

This is one of the most common questions employers ask, and the simple answer is yes, you can dismiss an employee during their probationary period if they’re not meeting the required standards.

However, probation doesn’t mean employers can simply terminate employment without following a fair and reasonable process.

Be Clear About Expectations: Probationary periods work best when employees understand exactly what is expected of them from the outset.

Employers should ensure performance standards, objectives and behavioural expectations are clearly communicated and regularly reviewed throughout the probation period.

Surprises at the end of probation rarely lead to positive outcomes.

Provide Feedback Early: One of the biggest mistakes employers make is waiting until the end of probation to raise concerns. If performance or conduct issues arise, address them promptly. Regular review meetings give employees an opportunity to understand concerns, improve performance and demonstrate progress.

It’s also important to keep notes of these conversations.

Offer Support and Training: Before making a decision, consider whether the employee has received the appropriate training, supervision and support needed to succeed in the role. Sometimes performance issues stem from unclear expectations or insufficient onboarding rather than a lack of capability.

Follow Your Procedure Check your contract of employment and probationary policy. Many businesses have a process for probation reviews, extensions and termination decisions. Following your own procedures helps demonstrate fairness and consistency. Even where an employee has short service, a fair process is always best practice.

Consider Protected Characteristics: Employees are protected from discrimination from day one of employment. Before making any dismissal decision, ensure it is based solely on performance or conduct and not influenced by a protected characteristic such as age, disability, race, religion or belief, sex, or sexual orientation. Where a disability is involved, consider whether reasonable adjustments are required.

When Dismissal May Be Appropriate: If concerns remain despite support, feedback and reasonable opportunities to improve, dismissal during probation may be the right decision for the business. The employee should be invited to a meeting, informed of the concerns, and given the opportunity to respond before a final decision is made. Employers should also confirm the outcome in writing and ensure contractual notice requirements are followed.

Don’t Delay Difficult Decisions: One issue we often see is employers allowing probation periods to drift because they hope things will improve. If concerns are genuine and ongoing, addressing them early is usually better for both the business and the employee. A well-managed probation process protects your organisation while also ensuring employees are treated fairly and respectfully.

Need support managing a difficult employee situation?

BeyondHR works with businesses across Northern Ireland to help employers confidently manage probationary periods, employee relations, HR compliance, and difficult workplace conversations.

If you’d like to submit an anonymous question to Dear Deirdre and feature in a future edition of the series, get in touch.

If you’d prefer to speak directly with one of the HR experts at BeyondHR, call 028 2564 4110 for confidential advice and support.