Probation process and successful completion

There is substantial evidence to suggest that probationary periods increase the probability that new employees will succeed in their new roles.

The purpose of a probationary period is to allow a specific time period for the employee and you the manager to assess suitability of the role after having first-hand experience.

On the one hand, it gives you the opportunity to assess objectively whether the new employee is suitable for the job taking into account their capability, skills, performance, attendance and general conduct. On the other hand, it gives the new employee the opportunity to see whether they like their new job and surroundings.

The probationary period

Generally, the probationary period is 3 months from the employees start date. However, this may vary depending on the time needed to thoroughly assess the employee. However, it may be longer depending on the seniority of the role (the probation period will be set at the start of employment)

At the start of the probationary period the you should discuss the following with the new employee: –

• What the employee is expected to achieve in their job during the probationary period and thereafter.
• Details of the core values of the organisation and behaviours expected of the employee.
• The standards of regular attendance expected from the employee.
• The standards of customer service expected from the employee.
• Any development required to help the employee to do their job.
• How any problems with performance will be addressed
• When the probationary period review meetings will take place.

You should structure the process so both parties are clear about expectations.

Review during the probationary period

During the probationary period a series of review meetings should take place between the new employee and you, as their line manager.

Months’ probation                        Six months’ probation

• Week 2                                    Month 1
• Week 6                                    Month 3
• Week 12                                  Month 5

It would be useful prior to the meeting, to draft some notes to help discussions. You should keep records and documentation of meetings throughout the probationary process.

When an employee on probation is experiencing difficulties

If the employee is experiencing problems at any stage during their probationary period, you should discuss at the time and not wait until the next scheduled review meeting. 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:

• Reinforce the areas where the employee is doing well.
• Be open and honest with the employee about their short comings.
• Provide documentary evidence whenever possible.
• Give the employee the opportunity to respond. There might be some other factor behind the problem.
• Try to reach an agreement on the nature of the problem. If a joint agreement can be reached, the employee is more likely to react positively to any suggestion for improvement.
• Offer guidance and support on how to overcome the difficulties. This might include extra training/coaching or closer supervision.
• Ensure the employee understands the degree of progress required and that successful completion of the probationary period is dependent on it.
• Warn the employee that if this standard is not reached, it may be necessary to terminate their employment.
• In the case of misconduct, short of gross misconduct (for which summary dismissal will be appropriate) inform the employee that any further misconduct will lead to immediate termination of employment.

Successful outcome of probationary periods

It is your responsibility as a manager to monitor your employee. However, 3 weeks before the end of the probationary period, HR will send you a reminder to assess the employee formally. You MUST carry out the meeting before the probation end date, otherwise it will be assumed that the employee has been successful which generates a confirmation letter from HR.

If you have any issues contact HR for advice.

Be aware…………

1. 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.
2. Wrongful dismissal occurs when an employer dismisses an employee in breach of the employer’s contractual or statutory obligations, for example by failing to follow a contractual disciplinary / dismissal procedure or failure to give contractual notice.
3. Employers can be required to pay damages for wrongful dismissal if taken to an employment tribunal.
4. Be aware that if the employee has a protected characteristic as per the Equality Act (for example is disabled) then there is a potential risk that they could make a claim in regards to discrimination and this is something that you should bear in mind when making decisions.

Continuous review

It is important that you continue to monitor and review the employee’s performance and suitability for the role following the successful completion of their probationary period.