Review of unfair dismissal of counter terrorism officer

Emma Christian, HR consultant team lead, and Jade McEvoy, people consultant, look at the case of a former counter-terror police officer who won a claim of unfair dismissal.

Colin Bastin joined National Counter Terrorism Security Office in September 2021. However, his probation period was extended over the course of 12 months due to concerns over his performance.

In February 2023, Bastin attended a meeting with management in which dismission was recommended, but he did not hear any results following this meeting.

In May 2024 another meeting took place where Bastin’s dismissal was confirmed, however his employers only considered his performance during his probation period and not in the 15 months between the last meeting.

Following the ruling, Emma and Jade looked at what learnings can be taken from the process that led to this case.

What can HR leaders and employers learn from this case?

It is essential to explicitly communicate the duration, expectations, and assessment criteria of probationary periods to employees.

In Bastin’s case, his probation was extended twice due to performance concerns, and the tribunal noted that his dismissal was based on outdated information without considering his subsequent improvements.

HR leaders should ensure that consistent performance evaluations take place throughout the employee lifecycle. Bastin received periodic reviews, but the tribunal highlighted that after his probation ended, no further performance reviews were conducted, despite him taking on new responsibilities and training.

There should also be consideration of employee development. When making employment decisions, especially regarding dismissal, it’s crucial to consider the employee’s entire performance trajectory, including any improvements or additional responsibilities undertaken after the probation period.

How can HR leaders ensure they are communicating the terms of a probation period correctly to employees?

The Employment Tribunal case of Mr. C. Bastin v. Commissioner of the Police of the Metropolis highlights key lessons for HR leaders around the importance of managing probation periods with transparency and consistency.

Clear communication of probation terms, such as duration, expectations, and performance criteria are essential from the outset. In Bastin’s case, the lack of up-to-date performance consideration and absence of post-probation reviews contributed to a ruling in his favour, showing how outdated or incomplete feedback can undermine dismissal decisions.

Regular, documented performance reviews throughout and beyond probation are crucial in ensuring fair and informed outcomes.

To communicate probation terms effectively, HR leaders should provide written clarity during the offer stage, reinforce expectations during onboarding, and ensure regular feedback mechanisms are in place.

Any extensions should be formally communicated with clear reasons and objectives. Most importantly, employee progress and development should continue to be recognised even after probation ends.

By embedding these practices into the employee experience, organisations can build trust, reduce legal risk, and support long-term performance and retention.

How can HR leaders accurately measure performance during a probation period and communicate any concerns fairly to employees?

It is important for businesses to ensure managers are conducting regular reviews with their team members throughout their probationary period. This should involve discussing any objectives set during this time, and measuring their performance against them.

How can HR leaders ensure they are treating employees fairly during their probation period?

It is imperative that employers ensure they have a clearly defined process for managing employees during their probation period, communicating clearly where there are concerns and allowing an opportunity to improve.

It would be good practice to have written into a policy the ability to extend probation where necessary, this would support managers having flexibility to manage an employee who may not be fully up to speed at the end of the designated time.  

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