A probationary period is a period at the start of a new appointment during which performance is assessed. If performance is unsatisfactory during this period then the contract of employment can be terminated without the need to follow the usual dismissals process. A probationary period should be clearly set out in a contract of employment. Note: Check signed Employment Contract for set probationary period. It should be made clear when offering employment that there will be a probationary period, and how long that period will last.
Length of probationary period
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.
Performance during the probationary period
It is good practice to ensure that the employee fully understands the standards that must be met during the probationary period. In setting any targets for this period it is important to remember that the employee will be undergoing a learning curve and is unlikely to perform at the same standard as experienced employees during this period.
The employee must understand the standards and how they will be measured. The employee must understand who to talk to if he or she has any concerns about these standards.
Training and other support
The employer must approach the management of a probationary period with the intention that the employee will be successful. It is important that any training needs or other support are identified at the start of the employment and addressed as quickly as possible.
Review during the probationary period
It is good practice to arrange a review between the employee and his or her line manager part way through the probationary period. This will give the employee the opportunity to voice any concerns, and give the line manager the opportunity to indicate whether the employee's performance is satisfactory. It is recommended that a date for the review is agreed during the employee's induction. If the performance is not satisfactory the employee should be told why, and what is required to make the necessary improvements. A further review date should be set. It should be made clear to the employee that a potential outcome of not achieving the required standard is summary dismissal.
Review at the end of a probationary period
The employee and the line manager should have a formal review at the end of the probationary period. If the performance of the employee is satisfactory this should be recorded in writing. Targets for future performance should be set, and the employee should then be assessed in accordance with the organisation's appraisal processes. This process should be explained to the employee.
If the employee's performance is not satisfactory, the employer has two options:
• To dismiss the employee. This can be done with immediate effect, there is no requirement to give notice unless this was specified in the contract of employment.
• To extend the probationary period further and give additional support to the employee. This might be appropriate if the employee has only just fallen short of the required standards.
Claims by the employee to the employment tribunal
The employee will not be eligible to take a claim of unfair dismissal to the employment tribunal unless the reason for dismissal is automatically unfair.
For example, if the decision to dismiss at the end of the probationary period was made because the employee had become pregnant that would be an automatically unfair dismissal, even if there was an agreed probationary period. It could only be fair if the reason that the employee had not met the required standards was totally unconnected with the pregnancy.
The employee could also make a claim of discrimination, if he or she considered that the reason for terminating the contract of employment at the end of the probationary period was discriminatory.
