Probation Period- What You Need to Know

Probation can be broadly defined as a trial period for newly recruited workers. Probation periods commonly last for three months, six months, or a year. It’s usually a fixed period of time at the beginning of the employment relationship, during which the new employee is exempted from some contractual items. Most significantly, employees on probation can be let go without the standard notice period. Employees usually have the right to notice of between one and 12 weeks. Other benefits, such as pension schemes, are often off-limits during probation too.

The probationary period

At the start of the probationary period the manager should discuss the following with the new employee :-

• What the employee is expected to achieve in their job during the probationary period and thereafter.
• Details of the core values of the organization and behaviours expected of the employee.
• The standards of regular attendance expected from the employee.
• The standards of customer service expected from the employee.
• Any development required to help the employee to do their job.
• How any problems with performance will be addressed.
• When the probationary period review meetings will take place.

The manager should structure the process so both parties are clear about expectations. The probationary period should commence with the manager reinforcing the core values of the organization with the new employee.

Training and support

The manager should set out details of structured training, guidance and supervisory support the new employee can expect to help them achieve the required standards.?The manager should explain the mechanism for identifying and discussing any problem areas at the earliest opportunity, together with the provision of regular constructive two-way feedback.

Review during the probationary period

During the probationary period a series of formal review meetings should take place between the new employee and their manager. Prior to the meeting the manager should draft some notes to help discussions during the meeting. The manager should keep full, clear records and documentation of meetings, throughout the probationary process ensuring all documentation is signed off by both the employee and the manager with a copy being given to the employee.

When an employee on probation is experiencing difficulties

If the employee is experiencing problems at any stage during his/her probationary period the manager should discuss these with the employee and not wait until the next scheduled review meeting. The primary purpose is to bring about a sustained improvement in performance and to ensure that the employee has had sufficient opportunities to achieve this.

Successful outcome of probationary periods

If the employee’s probationary period is satisfactory the manager should inform the employee at the final meeting that their appointment will be confirmed and a successful outcome will be sent to confirm this.

Extending the probationary periods

The purpose of extending a probationary period is to allow the employee further time to improve his/her performance in order to demonstrate competence in the full range of duties and required behaviours.

If a probationer’s performance is unsatisfactory in some areas but the managers feel that further training and support may bring the employee up to the required standard, an extension (on a month-by-month basis) can be considered. This could also be appropriate in cases where the employee or the manager has been absent from the workplace for an extended period during probation due to circumstances beyond the employee’s control. An extension should normally be granted only where there are special circumstances justifying such a course and can only be made before the end of the original probationary period. Extensions can be granted for a maximum of two further months, to cumulate in a maximum of eight months’ probation.

Termination of contract

In order to give an employee a full opportunity to meet the required standards the manager will usually wait until the end of the probationary period before taking any decision to terminate employment. Where a decision to terminate the probationer’s contract has been made, the manager will meet with the employee, having given him/her at least five days notice in writing. The manager will set out clearly the reasons why the employee has not successfully completed the probationary period and will give the employee the opportunity to present his/her case including any mitigating circumstances. Most policies or contracts of employment state the full disciplinary procedure is not usually considered appropriate for employees working within the probationary period. If you dismiss someone without going through a fair dismissal process an employee can claim wrongful dismissal, for which there is no length of service requirement.?Wrongful dismissal occurs when an employer dismisses an employee in breach of the employer's contractual or statutory obligations, for example by failing to follow a contractual disciplinary / dismissal procedure or failure to give contractual notice. Employers can be required to pay damages for wrongful dismissal if taken to an employment tribunal.

Please note the above guidance is of a general nature. It is important that practices ensure policy guidelines and contractual obligations are followed.