Prison Officer Probation Dismissal: Your Rights in 2026

In shortProbation is the start-of-employment suitability assessment; the England and Wales policy (PSI 11/2014) is not published, so we cannot state its length or process.

Probation is a period at the start of employment in which the employer assesses whether you are suitable for the job before confirming your appointment. Check your offer letter, your contract and any probation paperwork your manager gives you.

Practically, a prison officer's early months include foundation training at a designated learning centre (see our POELT training guide), a period of on-the-job learning, and an assessment of your suitability.

Many things can come up in that period, listed below. Understanding which is being raised, and under which policy, is the first step to responding well. Our guide to the prison officer probation period and the first year guide, first year as a prison officer, explain what is normally expected.

England and Wales

The governing document is PSI 11/2014, NOMS Policy on Employee Induction and Probationary Periods, which the gov.uk Prison Service Instructions index lists as extant but does not publish. We have not seen the current text, so we do not state how long probation lasts, what objectives are set, how many reviews take place or who makes the confirmation decision.

Scotland (comparison only)

The Scottish Prison Service has a separate Probationary Policy and its Code of Conduct states that it does not apply to probationers. A figure sometimes quoted for SPS probation length came only from a search summary and is not verified, so we do not repeat it. If you work in Scotland or Northern Ireland, ask your own HR for the local policy.

• Fitness
• Attendance
• Performance
• Conduct
• Attitude
• Vetting issues

In shortOrdinary unfair dismissal needs two years' service now and six months for dismissals with an effective date on or after 1 January 2027; some protections need no service at all.

• Qualifying period now2 yearsERA 1996 s.108
• From 1 January 20276 monthsCompensation cap removed (SI 2026/559)
• Protected reasonsNo service neededDiscrimination, whistleblowing and others in s.108(3)

The right not to be unfairly dismissed is set out in Part X of the Employment Rights Act 1996, and it applies to Crown employment, including prison officers, with some modifications. An employee needs a qualifying period of continuous service to claim ordinary unfair dismissal. Section 108 currently sets that at two years.

The Employment Rights Act 2025 reduces it, and the Commencement No. 4 Regulations (SI 2026/559, made on 26 May 2026) bring that reduction into force on 1 January 2027.

From that date the qualifying period is six months for dismissals where the effective date of termination falls on or after 1 January 2027, and the compensation cap in section 124 is removed.

Rights that need no service

Protection from discrimination and harassment under the Equality Act 2010; protection from dismissal for making a protected disclosure; rights relating to pregnancy, maternity and family leave; and protection for health and safety activities and trade union membership and activities, among others listed in section 108(3). If you suspect that the real reason for a probation dismissal is one of these, take advice immediately because the time limits are short.

In shortDismissals during probation fall into a handful of categories, and official statistics do not break them down, so we make no claim about how many probationers are dismissed.

The reasons new officers leave during probation fall into a handful of categories.

Official statistics do not break down probation dismissals separately. The HMPPS workforce quarterly records dismissals by reason (conduct; unsatisfactory attendance or medical inefficiency) and the small number for poor performance is suppressed. We therefore make no claim about how many probationers are dismissed, and we would be wary of any website that does.

Performance or aptitude

Difficulty with the practical skills, with communication, with maintaining control or with record keeping.

Attendance

A high level of absence early in a career may be treated as inconsistent with a successful probation.

Conduct

A breach of security procedure, inappropriate behaviour towards colleagues or prisoners, or a dishonest account of an incident.

Vetting

A security clearance can be refused or withdrawn, which can make continued employment impossible.

Fitness or training

Failing a required element of the foundation course or an assessment.

In shortThe HMPPS policy text is not public, so we describe the general standards that tribunals and the Acas Code apply.

Because the HMPPS policy text is not public, we describe the standards that tribunals and the Acas Code apply in general. A fair process gives you clear objectives, regular feedback and a genuine chance to improve. Concerns should be raised promptly rather than saved up.

If a decision to dismiss is contemplated, you should be told, given the reasons and the evidence, and have the opportunity to respond.

The Acas Code says that employers should notify an employee of the alleged poor performance or misconduct with sufficient information and copies of written evidence, and that employees have a right to be accompanied at meetings that could result in a formal warning or other disciplinary action.

You should be told of a right of appeal.

• For conduct allegations the employer should follow the conduct policy rather than simply using probation as a shortcut.
• The HMPPS conduct policy, in the last publicly visible text, says that no one is to be dismissed for a first breach of discipline except for gross misconduct, but that principle sits within the disciplinary process and the relationship with probation is not something we can verify.

1. Ask in writing what the probation period is, what objectives apply and who makes the confirmation decision.
2. Keep a copy of every review, objective sheet and email, and your own dated notes of conversations.
3. If a concern is raised, ask for the standard and the support offered, and agree any improvement actions in writing.
4. If a meeting could lead to a decision about your employment, ask to be accompanied and ask for the evidence beforehand.
5. If you are dismissed, note the effective date, appeal in writing, and speak to your union and Acas immediately about time limits.

In shortDiscrimination, harassment and whistleblowing protections need no qualifying service, so a short-service dismissal can still be unlawful.

Because the qualifying period for unfair dismissal is a barrier for new starters, many of the successful claims by probationers rely on protections that need no service.

Be realistic. A tribunal will look for evidence that the protected reason was the real reason, not merely that you were dismissed after raising something. Keep dates, messages and records, and tell your rep early.

The evidence for or against an allegation is something a tribunal will test; your job at the early stage is to preserve it and to get advice quickly.

Equality Act 2010

A dismissal or other detriment because of a protected characteristic such as sex, race, disability, age, religion or belief, sexual orientation or pregnancy is unlawful from day one. For disability, the employer's duty to make reasonable adjustments and the prohibition on unfavourable treatment because of something arising from disability apply, as explained in our guide to sickness absence management.

Protected disclosure (whistleblowing)

A dismissal because you made a protected disclosure is automatically unfair and needs no qualifying period. GOV.UK lists the protected topics as including criminal offences, danger to health and safety, miscarriage of justice, legal breaches and cover-ups, and, since 6 April 2026, sexual harassment. See our guide to whistleblowing for prison officers.

• This is relevant in a prison, where new staff often see things that concern them.
• HMPPS counter corruption policy requires staff to report suspected corruption and says reporters must not be victimised.
• Equally, it says that discussing suspicions beyond reporting through proper channels may be treated as a conduct matter, so do it carefully.

In shortA performance dismissal normally carries no HMPPS-wide consequences; gross misconduct or a security risk can lead to exclusion even for short-serving staff.

• Exclusion periodUp to ten years or indefiniteEstablishment, category of establishment or national
• Appeal15 working daysIn writing, from the notice
• Vetting statusWithdrawnWhen an exclusion is reported

If a probation dismissal is for performance or aptitude, there are normally no further HMPPS-wide consequences: the Exclusion from Working for HMPPS Policy Framework says that poor performance alone is not a reason to exclude.

If it is for misconduct that amounts to gross misconduct, or misconduct that poses an underlying safety or security risk, the framework applies even to short-serving staff.

Exclusion may be for a period of up to ten years or indefinite, at the level of a single establishment, a category of establishment or national.

The decision is made by a Governor or equivalent at Civil Service Grade 6 after a meeting with the person, which can proceed in their absence. Conduct that the framework lists as relevant includes:

• Inappropriate relationships with prisoners or people on probation
• Conveyance of unauthorised items
• Unauthorised disclosure of information
• Threatening or harassing behaviour
• Anything that leads to a criminal caution or prosecution, whether work related or not
• Serious security breaches

In shortSpeak to your union before agreeing to resign or sign anything: resigning generally ends an unfair dismissal claim and does not end a conduct investigation.

Managers sometimes offer or hint at resignation as an alternative to dismissal. Think very carefully before agreeing, and speak to your union first. Our guide to resigning during an investigation explains this in full.

Do not assume that what is offered in a meeting is the final position. Ask for time.

On the pension: if you leave with less than two years' qualifying service in the alpha scheme, you may be entitled to a refund of your own contributions rather than a pension, and if you leave before three months only a refund is possible.

Our guide to misconduct and your pension explains the rest, and it confirms that dismissal on its own does not forfeit any pension.

In shortYou generally have six months from 1 October 2026 to claim, after telling Acas, and the clock does not wait for an internal appeal.

If you believe a probation dismissal was unlawful, you can bring a claim to an employment tribunal.

GOV.UK says that you usually have to make a claim within six months of your employment ending or the problem happening, and the Government's timeline update records that the six-month limit took effect on 1 October 2026 for most claims, replacing three months.

A tribunal judgment published on 29 September 2026 in a case brought by a dismissed officer, Hayes v Secretary of State for Justice, shows the sequence in practice: early conciliation, then a claim, then a hearing more than a year later.

That claim concerned a longer-serving officer, and it failed on its facts, but it confirms that prison officers do bring and have decided unfair dismissal claims against the Secretary of State.

1. Tell Acas first: early conciliation puts the clock on hold while Acas helps you try to resolve the dispute, and leaves you at least one month once the certificate is issued.
2. Make your claim to an employment tribunal, usually within six months of your employment ending or the problem happening.
3. Attend a hearing: in the Hayes case it came more than a year after the claim.