Probation Dismissal Risk: What Records Protect the Decision

Most probation dismissals don't reach a tribunal. Of the ones that do, the cases that fall apart for the employer rarely fall apart on the substantive reason — they fall apart on the record. There either isn't one, or it doesn't show what the employer claims happened.

The Five Documents That Protect the Decision

1. The job description with measurable outcomes (what "good" looks like). 2. Dated review notes spanning the probation, not just the end. 3. A formal mid-probation review (around Day 90). 4. Written feedback the employee acknowledged — by reply, by signature, or by visible read. 5. A final decision review with a named reviewer and a clear reason.

What Weak Records Look Like

• All notes dated within a week of the dismissal decision.
• Notes that paraphrase or interpret rather than quote.
• No mid-probation review at all — just an end-of-probation conversation.
• No written feedback the employee actually saw.
• A decision attributed to "the team" rather than a named reviewer.

What Strong Records Look Like

• Notes dated across probation, including positive ones.
• Specific, observable examples — three or more.
• A formal mid-probation review with a written outcome.
• Feedback delivered in writing as well as in conversation.
• A final decision review with a named reviewer, a date, and a specific reason.

ProbationWatch structures reviews to hit all five points and seals the PDF with a SHA-256 hash. Start free →

Why a Hash Matters at This Point

A SHA-256 hash on a sealed review isn't a magic legal shield. What it does is take one common employer-side weakness off the table: the suggestion that the record was edited after the dismissal decision was already made. A hashed, dated record can be independently verified as unchanged from the date it was sealed.

Warning: If a dismissal is being considered on grounds that touch protected characteristics, capability, conduct, or whistleblowing, the record is necessary but not sufficient — get legal advice before the decision is made.

Frequently Asked Questions

What's the most common reason probation dismissals are lost at tribunal? Procedural failure rather than substantive failure. Most often: no documented mid-probation review, or feedback that the employee had no realistic chance to act on before the decision.

Should probation dismissal letters reference the records? Yes. A dismissal letter that names the specific reviews and dates the decision is built on is far stronger than a generic letter. The records named should already exist as dated, sealed documents.

Does a hash on a sealed review make it admissible evidence? Admissibility is a separate question. A hash isn't legal proof in itself — but it does make it harder to credibly allege the record was altered after the fact, which is a common challenge in unfair dismissal cases.