When going through the process of hiring, a probation period policy can be greatly helpful, allowing the employer and employee to see whether or not the role and the worker are the right fit. Employers benefit from having a structured approach to assess the performance, reliability, and long-term potential of a hire, while employees get a thorough experience of what’s expected of them.
An effective probation period demands a set of policies that are clear, fair, and legally sound. As such, we’re going to outline some of the rules you should follow when designing and implementing your own policies.
What is a Probationary Period?
This is a trial period at the start of employment, during which the employer can evaluate the performance, behaviour, and compatibility with the organisation. It also gives employees the chance to decide whether or not the role and company culture fit with their own expectations.
Why You Should Consider a Probationary Period Policy
Probationary periods have a few purposes:
- Allowing the employer to assess the performance of new hires
- Assessing the cultural fit between an employee and the team/organisation
- Identifying any need for further training or support
- Reducing long-term employment risks by addressing workplace grievances early, or even with early termination
What’s Legally Required in a Probation Period?
There are no laws that make a probationary period mandatory under any circumstances. However, if there is one, then it has to be outlined in an employee’s contract of employment and must meet existing employment law principles.
For instance, employers meet statutory employment rights from day one, including protection against discrimination, entitlement to statutory sick pay, and family-related leave. Similarly, their standards for assessing employees have to be consistent across the board and avoid discriminatory practices.
The probation period should be included in the written terms and conditions of employment, that’s required within two months after hiring. There should also be clear terms on notice periods during and after probation.
Clear terms on dismissal are especially important to avoid claims for unfair dismissal. Employees are legally protected against wrongful dismissal and discrimination even during the probation period.
How Long Should It Be?
There’s no strict length for a probation period, but most companies tend to have it last between three and six months. Entry-level positions and roles with more straightforward duties tend to have shorter lengths, while the long end of the scale is typically applied for managerial or specialist roles that require more time to evaluate.
Employers can include clauses for probation extensions, but these have to be communicated clearly and typically justified with a performance review as evidence.
What Should Happen During Probation?
Here are a few tips on making the best use of a probation period:
- Set clear expectations: Providing role-specific objectives and measurable criteria for success.
- Offer regular feedback: With structured check-ins, such as monthly reviews, to track progress.
- Provide training and support: Making coaching, mentoring, and vocational lessons available.
- Document progress: Keeping written records of meetings, goals, and outcomes to support your final conclusions.
Keeping the process clear, documented, and supportive makes for more successful probation periods, leading to stronger long-term working relationships.
Challenges During Probation
Problems can arise during the probation period, so your policy should include a means to work around them. For instance:
- If there are performance issues, you should offer clear feedback, as well as measurable goals for improvement, providing the support they need to get back on track.
- Any conduct incidents should be documented, applying the same policies the company would apply to other employees.
- You should also have a documented approach for dealing with breaches of contract.
As mentioned, employers can extend probation periods if there are persistent problems that need to be addressed, provided that they have included such measures in their contract. However, some issues may necessitate the fair and legal termination of employment, provided you give enough notice and document the reasons to minimise your legal risks.
What Happens After the Probation Period Completes?
After the probation period, you should decide whether you confirm their employment, extend probation, or terminate your contract with the employee.
Premier Legal has experience in helping employers draft legally compliant and bespoke probation clauses and developing structured review and performance management frameworks. We can also provide advice on how to handle any probation extensions or terminations during the probation period.
This is alongside our broader range of HR support services, and our ability to help you create employment policies and procedures to help strengthen your compliance with employment law. Get in touch for some expert assistance today.
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.