UK Employment Law: Can You Fire Someone on Disability Leave During Probation?

UK Employment Law and Disability Discrimination: Can Employees Be Dismissed During Probation for Disability-Related Absences? A recent TikTok video by HR expert, HR Mindshift (@judithfiddler), highlights a common question surrounding UK employment law and disability discrimination. The video addresses the query: "What if they are a small company and they want to fire before probation ends due to disability absence?" Mindshift explains that while the probationary period makes dismissal easier, it doesn't negate the protections afforded by the Equality Act 2010. "The same rules apply," she states, emphasizing that dismissal must be justified and proportionate, and not discriminatory. The expert further clarifies that if the dismissal is related to a protected characteristic like disability, the employer must demonstrate a legitimate, non-discriminatory reason. The video's popularity (1441 views in under 9 hours) suggests significant public interest in this legal area. This underscores the need for clear guidelines and awareness surrounding employee rights and responsible dismissal procedures.