Probationary Periods: Employer's Guide

Probationary periods help you assess new employees before confirming them in post. Using them properly protects both employer and employee.

What Is a Probationary Period?

A probationary period is an initial period of employment where:

• The employer assesses the employee's suitability
• Either party can usually end employment with shorter notice
• At the end, the employee is confirmed in post or dismissed

Important: Probation is a contractual arrangement, not a legal status. The employee still has employment rights from day one.

Setting Up Probation

Length

Common probation lengths:

• 3 months - Standard for straightforward roles
• 6 months - Common for professional/complex roles
• 12 months - Sometimes used for very senior roles

Considerations:

• How long to properly assess the role?
• Nature of the work
• Training requirements
• Industry norms

Contractual Terms

Your contract should specify:

1. Length of probation period
2. Notice period during probation
3. What happens at the end (confirmation or dismissal)
4. Whether probation can be extended
5. That normal terms apply after successful completion

Example Clause

"Your employment is subject to a probationary period of 3 months. During this time, either party may terminate employment by giving one week's notice. At the end of the probationary period, subject to satisfactory performance and conduct, your employment will be confirmed and the notice period will increase to one month."

During Probation

Setting Expectations

At the start:

• Explain job requirements clearly
• Set specific objectives
• Provide necessary training
• Assign a buddy or mentor
• Schedule regular check-ins

Regular Reviews

Don't wait until the end to review:

Week	Review Focus
Week 1-2	Settling in, initial impressions
Month 1	Progress against objectives
Month 2	Performance, areas for development
Before end	Final assessment, decision

Documentation

Keep records of:

• Objectives set
• Feedback given
• Training provided
• Performance issues raised
• Employee's response
• Review meeting notes

Ending Probation Successfully

Confirming in Post

When probation ends successfully:

1. Hold a review meeting
2. Confirm satisfactory completion
3. Put it in writing
4. Confirm any changes (notice period, benefits)
5. Update personnel records

Confirmation Letter

"I am pleased to confirm that you have successfully completed your probationary period. Your employment is now confirmed on the standard terms set out in your contract. Your notice period is now [X weeks/months]."

Extending Probation

When to Extend

Consider extension when:

• Progress is being made but employee needs more time
• External factors affected assessment (illness, reduced workload)
• You want to be fair but aren't confident enough to confirm
• Specific concerns need more time to resolve

How to Extend

1. Check contract allows extension
2. Meet with employee before probation ends
3. Explain reasons clearly
4. Set new objectives/expectations
5. Confirm new end date
6. Put everything in writing
7. Schedule review meetings

Extension Letter

"Following our meeting on [date], I am writing to confirm that your probationary period will be extended by [X weeks/months] until [date].

The reasons for this extension are: [specific reasons]

During this extended period, we expect to see: [specific improvements/objectives]

We will meet on [dates] to review your progress.

If there are any areas where you need additional support, please let me know."

Limits on Extension

• Don't extend indefinitely
• One extension is normal, two is concerning
• Total probation shouldn't be excessive for the role
• Each extension should have clear purpose

Dismissal During Probation

Legal Position

Employees in probation have fewer protections:

• Under 2 years' service: Cannot claim ordinary unfair dismissal
• Any service length: Can claim automatically unfair dismissal or discrimination

Automatically unfair reasons include:

• Pregnancy/maternity
• Whistleblowing
• Health and safety complaints
• Asserting statutory rights
• Trade union activities

Fair Process Still Matters

Even though unfair dismissal risk is lower:

• Follow a fair process
• Document your reasons
• Give the employee chance to respond
• Protects against discrimination claims
• Good practice and fair treatment

Steps to Dismiss During Probation

1. Identify the issue - Performance, conduct, capability?
2. Have you addressed it? - Feedback, support, warnings?
3. Document everything - What happened, when, your actions
4. Meet with the employee - Explain concerns, hear their response
5. Make decision - Confirm or dismiss
6. Write confirming dismissal - Reasons, end date, any notice

Notice During Probation

Check the contract. Common arrangements:

• 1 week notice during probation
• Can be less if contract specifies
• Can pay in lieu if allowed

Dismissal Letter (Probation)

"Following our meeting on [date], I write to confirm that your employment will end on [date]. This is within your probationary period.

The reasons for this decision are: [specific reasons]

You will receive [notice period] notice / payment in lieu of notice.

[Details of final pay, return of property, etc.]"

Common Probation Issues

Poor Performance

What to do:

1. Give clear feedback early
2. Provide support/training
3. Set improvement targets
4. Review progress regularly
5. Dismiss if no improvement

Don't:

• Wait until end of probation to raise issues
• Spring dismissal without warning
• Fail to document

Conduct Issues

Minor misconduct during probation:

• Address informally first
• Follow disciplinary procedure for serious issues
• Gross misconduct can still justify summary dismissal

Sickness During Probation

You can dismiss for poor attendance during probation, but:

• Be cautious of disability discrimination
• Pregnancy-related absence must be disregarded
• Consider reasons for absence
• Document fairly

Employee Doesn't Fit Culture

Legitimate concern but:

• Be specific about what's not working
• "Fit" shouldn't mask discrimination
• Give feedback on behaviours, not personality
• Document objectively

After the 2-Year Mark

Why 2 Years Matters

After 2 years' continuous service:

• Employee can claim ordinary unfair dismissal
• Need fair reason AND fair procedure
• More protection for the employee

Probation and the 2-Year Qualifying Period

Probation typically ends well before 2 years. But:

• Probation doesn't reset the clock
• Service counts continuously from day one
• After 2 years, same dismissal rules regardless of when probation ended

Best Practices

For Employers

1. Use probation for its purpose - Actually assess suitability
2. Set clear expectations - From day one
3. Review regularly - Don't wait until the end
4. Give feedback - Both positive and developmental
5. Document - Keep records of reviews and issues
6. Act early - Address problems as they arise
7. Be fair - Even though you have more flexibility

For Managing Probation

• Diarise review dates
• Create a probation checklist
• Train managers on conducting reviews
• Have template letters ready
• HR involvement for dismissals
• Learn from probation outcomes

Probation Checklist

Start of Probation

• Contract includes probation clause
• Objectives set and communicated
• Training plan in place
• Buddy/mentor assigned
• Review dates scheduled
• Employee understands expectations

During Probation

• Regular check-ins held
• Feedback documented
• Issues addressed promptly
• Training provided as needed
• Progress tracked

End of Probation

• Final review meeting held
• Decision made (confirm/extend/dismiss)
• Written confirmation sent
• Records updated
• Next steps communicated