Can I Dismiss Someone for Being Off Sick During Probation?

They've been with you six weeks. They've already had three days off sick. And you're sitting there wondering whether you made the right call hiring them - and whether you can do anything about it.

It's one of the most common questions we get from business owners: can I dismiss someone for being off sick during probation? And the honest answer is yes: you can act. But how you do it matters, even this early on. Probation doesn't give you a free pass - it gives you a framework. Use it right and you're protected. Ignore it and you're exposed, regardless of how short their service is.

Here's what you need to know...

Does Probation Change the Rules on Being Off Sick?

Shorter service does mean less employment law protection - but it doesn't mean there are no rules. Employees can still claim automatic unfair dismissal if the reason for dismissal is linked to a protected characteristic, such as a disability. That applies from day one, regardless of how long they've been with you.

There's also a significant change on the horizon. The government is proposing to remove the two-year qualifying period for unfair dismissal claims, with the change expected to take effect in January 2027. That means anyone you hire after July 2026 could be affected.

So no - probation doesn't suspend the rules on absence. Fair procedures still apply. You can usually follow a shorter process, but you still need a process.

What Counts as a Reasonable Level of Absence?

There's no legal definition, which is exactly what makes this tricky. You have to decide what's reasonable for your business - and "zero absence" isn't a realistic position. People get ill. That's not a fault, it's a fact.

When clients ask us where to set their trigger point, we usually suggest starting with your own absence data. Look at the last 12 months across the business, find the average number of absence spells, and use that as your baseline. You might land on three periods of absence in 12 months, or five days in six months. The specific number matters less than applying it consistently.

For employees on probation, the calculation is slightly different - they haven't been with you long enough to build up a full picture. Think about what's reasonable within the probationary period itself, and what impact that level of absence has on the business. You can set a separate trigger point for probationers and one for established staff, as long as both are documented and applied consistently.

What Process Should You Follow to Manage Absence in Probation?

Even on probation, a fair process matters. Hold a return to work conversation after every absence, for every member of staff, and record it.

When an employee hits your trigger point, invite them to a formal meeting to discuss their absence. This conversation is important - it's your opportunity to understand what's going on, explore what support you can offer, and give them a chance to explain. It's also what protects you if the situation escalates.

Can You Dismiss for Absence During Probation?

Yes - but only if you've done it properly. That means meeting with the employee, exploring how you can support them, giving them a genuine opportunity to improve, and confirming everything in writing. If absences continue or don't improve sufficiently after that, dismissal during probation can be a defensible outcome.

Skip the process and you're exposed, even with someone who's only been with you a few months.

What About Disabilities?

If the employee has an ongoing, long-term, or chronic health condition that might amount to a disability under the Equality Act, tread carefully - probation doesn't change that calculation.

If you're uncertain whether a condition qualifies, get a medical opinion before you do anything. An Occupational Health referral or GP report will tell you what reasonable adjustments might be possible and whether the employee is fit to work. We'd recommend this before any absence-related dismissal, but it's non-negotiable where a disability might be involved.

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The Bottom Line

Probation should be actively managed, not passively observed. If absence is becoming a pattern, address it early, follow a clear process, and document everything as you go. The employers who get into trouble aren't usually the ones who acted - they're the ones who waited too long and then rushed it.

Not sure if you're handling it right? There are three ways we can help:

Sort it yourself: the How to HR Toolkit has templates for return to work conversations, formal absence meetings and probation reviews. Everything you need, ready to use.

Talk it through: Book a free 15 minute call and we'll point you in the right direction, no obligation.

Hand it over: If this has already got complicated, we can take it from here. Get in touch and tell us what's going on.