Probationary periods allow an employer (and the employee) to assess their suitability to the role. They can ensure that any new hire is a good fit and when implemented well they increase the probability that the new employee will succeed in their role.
Typically, the probation period is between three to six months, although there is no law determining the length, it is expected that the employer will be reasonable in determining the period.
Legal basis
Probation periods have no legal basis and since April 2012 new employees can only claim unfair dismissal once they have accrued two years of continuous service. However, this does not mean that an employer won’t find themselves on the receiving end of a tribunal claim for automatic unfair dismissal.
During this period employers can choose to limit contractual rights in certain areas, but this does not affect an employee’s statutory rights. Any new employee has rights from day one of their employment. For example, they have the right not to be discriminated against due to a protected characteristic of race, age or pregnancy etc.
Through a probation period clause an employer can provide a shorter notice period during the probation period, for example it can be one week, or even less during the first month of employment. The disciplinary and capability procedure can also be limited during this period.
During the probationary period
A line manager should set out clear objectives at the start of the probationary period outlining what the employee is expected to achieve. It is also a good opportunity to reinforce the core values of the organisation with the new employee and ensure that the induction programme is followed, helping with the effective integration of the employee into the organisation.
Regular contact is required ensuring that guidance, advice and any performance issues are picked up on and resolved quickly. A series of formal review meetings should be scheduled throughout the probation period this is an opportunity to formally document the process and monitor progress.
If an employee is experiencing any difficulties during their probation it is important that these are addressed in a timely manner, documented and support is given to the employee. It may be necessary to extend a probationary period to allow an employee further time to improve their performance. The circumstances will need to be justified and made before the end of the original probationary period, the extension should be granted for a reasonable period.
A probationary period allows an employer to objectively assess whether a new employee is suitable for a role, taking into account their capability, skills, performance, attendance and general conduct over a reasonable period. Conversely, it gives an employee the opportunity to see if they like the role and the organisation. During this period the employee should be appraised on a regular basis and given clear objectives and the necessary support they need.