Learn what a probation period is, when it may apply and how to navigate termination
What makes a probation period valid?
Managing success throughout the probation period
Towards the end of the probation period
The probation period is ending but they are underperforming what can I do?
This employee has just started, how soon can we end employment if they’re not working out?
What makes a probation period valid?
Probation periods must be recorded in writing in the employment agreement (the clause should clearly state that there is a probationary period and how long it will last). If the employee and employer agreed to it while talking, but didn’t put it in the employment agreement, then a probation period can’t be applied.
Probation periods must be a reasonable length of time taking into account all the relevant circumstances of the employer, the employee, and the job. 6 months maximum is generally held to be fair and reasonable.
During the probation period, the employer must follow a fair process.
Managing success throughout the probation period
Set regular review meetings throughout the probation period as this will ensure you are both on track to a successful outcome. You must be quite rigorous and clear with your training, support and feedback during the probation period. Use of the MyHR Onboarding Module is valuable to be set up for success in this regard.
Meetings generally only have to be 10-20 minutes every 2 weeks, this will give you both an opportunity to check all is going to plan and make sure we are able to take action during the probation period if needed.
Add notes to MyHR in the employee’s person file.
If there are problems, get in touch with the team early to discuss possible management.
Towards the end of the probation period
Check in to see how the employee is going.
Wrap up your onboarding process and / or performance review in MyHR, giving them an opportunity to provide feedback.
When they have successfully completed their probationary period - let them know and set up their regular KPIs for employment thereafter.
The probation period is ending but they are underperforming what can I do?
If your employee is underperforming and you haven’t had any discussions with them about setting them up for success, your safest option here is to extend their probation period and provide additional training and support during this period.
We can help with the documentation to formalise the extension and draft a Performance Improvement Plan (PIP) to help them reach the expectations of them in their role.
We recommend meeting with the employee regularly during the PIP. This is to demonstrate you have offered them continuous training and support so there are no reasons why they should be underperforming in their role.
If, at the end of the PIP, they have failed to meet the objectives set out for them, then we can look at safely proposing termination under the probation period clause.
If you have had discussions with them regarding their performance and made it clear what they need to achieve and there has been no improvement please go to their profile on MyHR > Manage > Additional Support and select 'Probation Period Termination'.
Our team will then review to ensure the process is fair and reasonable, and work with you on the next steps to meet with the employee. As usual, we will provide the documentation required.
I’ve had several performance discussions with this employee and they aren’t improving, can I terminate?
If your employee is within their probation period, and there is still 4 or more weeks remaining, your safest option is to put them on a Performance Improvement Plan (PIP) to manage their performance. Please call the advisory team on 0800 69 47 69 (option 1, option 2) to discuss your options.
If the probation period is ending, and have already spoken to the employee about your concerns with their behaviour and/or performance and there has been no improvement please go to their profile on MyHR > Manage > Additional Support and select 'Probation Period Termination'.
Our team will then review to ensure the process is fair and reasonable, and work with you on the next steps to meet with the employee. As usual, we will provide the documentation required.
This employee has just started, how soon can we end employment if they’re not working out?
Best practice is to have these discussions with the employee, let them know what optimal performance looks like and ensure you have offered them adequate training and support before heading straight to termination.
If they are on a probation period they are entitled to the full duration of the probation period to demonstrate their ability to perform in the role. If you notice they are struggling, start the conversations early and look at putting them on a Performance Improvement Plan (PIP). The purpose of this is to show you have offered adequate training and support during the probation period and they still aren’t meeting the expectations of them in this role.
In order to safely terminate their employment under a probation period, you will need to be able to answer the below questions:
- Have you provided feedback to the employee regarding the issues/concerns?
- If so when?
- What was communicated?
- Did you provide clear instructions on what is required for satisfactory performance?
- Was it documented well?
- Did you make it clear that a process that may result in termination may occur if the employee doesn't improve their performance?
This is so the employee can’t push back and say they weren’t aware of these shortcomings or that their employment was on the line, and had they known they would have improved their performance/behaviour.
If you are satisfised you can answer the above, please put through an Additional request > Probation Period Termination for the person.
Our team will then review to ensure the trial period is valid, and work with you on the next steps to meet with the employee. As usual, we will provide the required documentation.