On the other hand, it gives the new employee the opportunity to see whether they like their new job and surroundings. There is no law determining the length of a probationary period.
However, there is an expectation that the employer will be reasonable. It is typical for a probationary period to last no longer than six months, and three months where an employee is moving to a new post internally. The probationary period may sometimes be extended, though this should be mentioned in the contract of employment. At the start of the probationary period, the manager should discuss the following with the new employee 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 organisation with the new employee. 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. During the probationary period, a series of formal review meetings should take place between the new employee and their manager.
For example Before 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.
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.
At any review meeting with the employee where there are issues to be addressed, the following approach needs to be considered. An extension should normally be granted only where special circumstances are justifying such a course and can only be made before the end of the original probationary period.
There is no specific law limiting the extension of probation periods. It is important to state clearly It is not advisable to make extending probationary periods the norm. An extension should be agreed only if there are special factors that justify it. 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, though if the employer is certain that the employee is not going to meet the standard required, a decision can be made to end the contract prior to completing the full probation period.
The employee may be represented by a trade union representative or work colleague. Most policies or contracts of employment state the full disciplinary procedure is not usually considered appropriate for employees working within the probationary period. Whilst an employee cannot claim unfair dismissal in the first two years of service, 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.
Employers can be required to pay damages for wrongful dismissal if taken to an employment tribunal. It is also worth highlighting to you that, if the individual has a protected characteristic as per the Equality Act for example is disabled then there is a potential risk that they could claim in regards to discrimination and this is something that you should bear in mind when making decisions.
Please note the above guidance is of a general nature. It is important that practices ensure policy guidelines and contractual obligations are followed. Alternatively, members can also email specific questions about employment issues to hrhelp firstpracticemanagement. My 6 month probation period has been extended by 3 months what notice do i need to give? I am quite in demand in my sector and have no doubt my probation will be successful but given that my employer is being rather stubborn in not allowing us back into the office following lockdown, I don't know if I want to stay with them.
I am willing to give them another month but don't want to stay with them if I have to work from home beyond that as it isn't good for my health.
What I want to know is - is my employer allowed to end my probation period without my consent? I don't want to have the awkward conversation with my boss before probation ends unless I really have to. Can your probation be extended with no notice of concerns prior to the final probation review meeting?
Hi Felix, I'm sorry we are unable to help with your query. Am working with Security Solution company in Bahrain. During my arrival at the office,,,, they took me trough the writings about the company.
There was a probation that was between 3- 6 months. Share this article. More on probation periods. The probation review meeting Your employee's probation period is over. Probation period notice A probation is a trial period for a new employee. Dismissal during probationary period Probation period dismissal should be a last resort where you feel that your recruit is not suited to the role and you terminate their…. Are probation periods important? Book your free demo First name.
Book my free demo. It is also likely to encourage the employee to raise the issue of their probationary period if the employer happens to have forgotten about it because the employee is likely to want to have their position confirmed. Similarly, should an employee not pass their probationary period, it is advisable to explain to the employee where things have gone wrong and to keep a written record of this.
This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article. Clicking the Accept All button means you are accepting analytics and third-party cookies check the full list.
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Click here for a full list of third-party plugins used on this site. Back 30 May David 0 Posts. In reply to David :. Charlotte 0 Posts 23 Oct, Hi All, I wondered if someone could help advise on a new situation at work regarding probation periods. Many thanks, Charlotte. Keith 0 Posts 23 Oct, In reply to Keith : Hi Keith, Thank you for responding so quickly. Our contract states that we can extend an employees probation to assess job performance and suitability, but it doesn't go into detail about extending for any other reason.
It is our Director who has made this suggestion we are still a small company with no senior HR professional and I am not sure if he intends to tell them that we are extending due to the funding search. My concerns are two-fold, firstly, if we extend employees and state we are assessing job performance when the real reason is hidden, this is unethical and secondly, as you stated, if we do tell them this could cause concern and we could risk them seeking a new role.
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