Probationary Periods

As outlined on the previous page, it is strongly recommended that new starters are subject to a clear probationary period. This allows the organisation to assess whether the employee is suitable for the role, including their performance, conduct, attendance, capability and overall fit.

Effective management of probationary periods is also important in protecting the organisation, particularly given the changes to the unfair dismissal qualifying period. These changes mean that employees will have the right to claim unfair dismissal after six months’ service. This is discussed further in the following pages on Probationary Periods.

In addition, notice periods during probationary periods are often shorter. This means that, where things do not work out, employment can usually be ended more quickly and without the need to pay longer notice periods.

Managing Probationary Periods: Step by Step

1. Have a clear Probationary Period Policy and review process in place.

2. Carry out regular probationary reviews during the probationary period.

3. If the employee successfully passes their probationary period, confirm this in writing using the Successful Completion of Probationary Period Letter.

4. If the employee does not pass their probationary period, end their employment and confirm this in writing using the Unsuccessful Probationary Period Letter.

5. If you are considering extending the probationary period, read the guidance on Extending Probationary Periods before making a decision.

Where a probationary period is extended beyond six months, any further reviews should be managed under a formal procedure, as the employee will have the right to claim unfair dismissal. You can use the relevant formal probationary review letters at each stage of the process.

Important Notes

Ending employment during probation, and before the employee has six months’ service, can generally be done with lower risk. However, there are important exceptions. For example, risk may arise where the dismissal is connected to a protected characteristic, discrimination, pregnancy, whistleblowing, or where the employee has asserted a statutory right, such as raising a grievance.

When calculating whether the employee has less than six months’ service, you must include their notice period. If you make a payment in lieu of notice, you should still include at least one week’s statutory notice when calculating length of service (i.e. take the date they will leave and add one weeks notice and make sure this is less than 6 months in total).

Probationary Reviews

The next page provides guidance and a suggested probationary review process.