SECTION GUIDE
A probationary period (or “probation”) is a defined trial phase at the outset of employment during which a new employee’s performance, conduct, reliability, and compatibility with the role and culture are actively reviewed.
It is not mandated by statute, but is a contractual mechanism — it only applies if included in the employment agreement.
Probation allows both parties to test the fit in practice, beyond interviews. Employers mitigate the risk of a bad hire; employees can assess the role, team, and culture. To function well, probation needs guardrails — clarity, fairness, documented process, and employee support.
Probation is more than just a safety net. When applied well, it becomes part of a strong onboarding, performance management, and retention strategy.
If probation ends and no action is taken (no confirmation, extension, or termination), the employee may by default be treated as confirmed.
To prevent this, contracts often include wording like “probation is not treated as completed unless confirmed in writing.”
Although probation is contractual, it does not suspend statutory rights. Employers must ensure processes still comply with employment law.
To get full value from probation, it’s essential to approach it as a process, not a formality.
Hold regular informal check-ins (weekly or biweekly) to catch issues early.
Use a performance / progress log to record strengths, concerns, and development needs.
When deficiencies arise, provide action plans with SMART goals and deadlines.
Offer training, resources, coaching or peer support as needed.
Encourage open dialogue — allow the employee to share barriers or challenges.
Even carefully intended probation strategies can falter. Below is a narrative version with richer explanations and actionable advice:
Without precise contract terms, both parties may misunderstand duration, review points or extension rights. To avoid this, ensure your employment contracts include:
If an employee is dismissed without prior notice, feedback or logged performance issues, tribunals may view the process as unfair. Remedy: document every interaction — meeting notes, emails, action plans — and share a copy with the employee.
Oral promises or casual emails are insufficient. If extending probation, issue a formal written letter before the expiry date. Include reasons, duration, success criteria, and allow the employee to acknowledge or respond.
Some managers assume probation means “no rules” — they skip meetings, formalities, or employee input. This is dangerous. Always follow fair, consistent procedures, allowing the employee to respond, raise concerns, and present mitigating evidence.
Managers without guidance may apply inconsistent standards or subjective criteria (e.g. “I don’t like their personality”). Remedy: provide standard templates, calibration sessions, training, and HR oversight of final outcomes.
Stretching probation indefinitely creates confusion and potential legal claims. Only extend once if justified, with clear new end date and goals; avoid multiple extensions that delay certainty.
Extending or terminating probation because of sickness, disability, maternity, or other protected reasons can lead to discrimination claims. Remedy: adjust probation timetables fairly, document reasons, and allow additional time where necessary.
Failing to take action (confirm, extend, or terminate) allows the employee to be treated as confirmed. Avoid this by embedding a clause: “Probation is not deemed completed until confirmation is issued in writing.” Always act before the probation expiry.
Dismissing without allowing an appeal or discussion invites perceptions of unfairness. Remedy: build in an appeal mechanism (manager / HR review) or at least a chance to respond to concerns.
To reinforce that probation is just the beginning, a forward-looking section helps position it in a longer-term employee journey.
Your Questions Answered
No, probation is contractual, not statutory. But if it exists, it must be explicitly included in the employment documentation.
Usually once, if the contract allows. Multiple extensions should be avoided unless well justified.
If no action is taken, the employee might be considered confirmed by default. Strong contracts prevent this by stating that confirmation must be given in writing.
Yes — non-statutory benefits (e.g. bonus, private health, shares) may be withheld until after probation, so long as this is clearly stated in the contract.
Yes, if included contractually and applied fairly. All statutory rights still apply from day one.
Unfair dismissal may become a day-one right, and a statutory “initial period of employment” (up to nine months) may be introduced — meaning probation processes will need to satisfy statutory safeguards.
Employers must pay Statutory Sick Pay (SSP) to eligible employees and comply with employment law. Beyond this, policies vary by employer.
Keep in touch regularly, obtain medical evidence, consider reasonable adjustments, and explore a phased return where possible.
Authorised absence is pre-approved (e.g. annual leave, parental leave), while unauthorised absence is when an employee fails to attend work without valid reason or notice.
Line managers usually handle day-to-day absence, supported by HR to ensure fairness and compliance.
HR software platforms provide real-time tracking, reporting, and trigger alerts.
Promote well-being, ensure fair workloads, train managers to spot early issues, and use return-to-work interviews to address concerns.
Yes, but only after following a fair process, demonstrating the impact on business operations, and considering disability or health-related discrimination risks.
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