Does a probationary period affect your right to claim?
No — personal injury right exists from day one; distinct from unfair dismissal (2 years) or redundancy rights; HSWA 1974 applies to all employees from commencement
What if you are dismissed during your probationary period after claiming?
Automatic unfair dismissal — s.100 ERA 1996 — protects any employee (no qualifying period) dismissed for raising health and safety concerns; link to /can-i-be-sacked
What evidence is harder to obtain as a probationary employee?
Short employment history; may not have completed full induction; importance of medical records taken promptly; photographs; written account prepared immediately after accident
Related questions
Can my employer use my probationary period as a reason not to pay?
No. Compensation liability is based on negligence, not employment status or length of service.
Will claiming during my probationary period cost me my job?
Your employer cannot lawfully dismiss or penalise you for making or considering a health and safety claim, regardless of how long you have worked there.
Can you claim? Find out in four quick steps.
Enquiries may be referred to SRA-regulated UK solicitor firms where appropriate. No win, no fee is subject to solicitor assessment of your individual case.
0800 000 0000Where did the accident happen?
Pick the setting closest to your situation.
Sources
- HSWA 1974
- ERA 1996 s.100
- Limitation Act 1980
This answer is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.