From January, employees will gain protection from unfair dismissal after six months in the role. Currently, almost 44 per cent of employers currently operate probation periods of six months or more, which could put them at risk of unfair dismissal claims, as employees become protected right at the point the decision is made whether to keep them in the role.
Ian spoke to People Management Magazine about how employers should prepare for the change.
How long should a probation period be?
Probation periods must leave time to make measured decisions, potentially extend probation if necessary and provide the necessary notice period. Although notice periods are usually shorter during a probation period, even one week after the six-month mark would mean the employee is protected from unfair dismissal.
In most cases, a 3-month probation period is suitable, with the potential to extend probation by 2-months only. Employers will likely need to update their standard contracts of employment to reflect this.
How to make use of the probation period
Probation periods are a useful tool when used properly, as an opportunity to carefully assess whether the employee is suited to the role and capable of performing the intended function. Any training necessary for the role should be given immediately on recruitment, and the probation period used to assess how the new hire applies this training. Monitor and diarise the probation period. Make sure that the last date (including any extension) is very carefully diarised and acted on immediately.
It is important that managers understand the purpose of the probation period and know how to make full use of it. However, only 36.1% of companies currently train managers on how to handle probationary periods. Training must help managers understand how to get the best from their new hires, and how to assess when the person simply isn’t right for the role. Additional training and safeguards around recruitment will also reduce the risk of hiring the wrong person in the first place.
But remember there are exceptions
Making decisions quickly under time pressure could increase the risk of mistakes. In particular, managers must understand when the six-month period does not apply – such as discrimination and whistleblowing claims. Managers must be able to spot when an employee could fall under discrimination or whistleblowing protections, and know how to handle these cases. This doesn’t mean the employee can’t be dismissed if appropriate, but managers should be shown what extra precautions are needed in making that decision.
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