Childcare Counsel - probationary periods

In which circumstances can an employer extend someone’s probationary period?

An extension may be necessary where the performance is unsatisfactory but shows some improvement. Where the employee has been absent for a significant proportion of the period, for example on sickness absence, carer’s leave during Covid or on furlough, then an extension may be necessary to allow the employer to properly evaluate performance over a reasonable time.

Best practice is for employers to inform employees in writing that their probation period is being extended, for how long, for what reason and what improvement is needed.

Can an employer withhold certain benefits until the end of the probationary period?

It is open to the employer to choose to make certain contractual benefits conditional on a minimum period of employment, such as a probation period. This could include private healthcare, for example.

To avoid dispute, employers should clearly set out in their contracts of employment if any benefits are delayed until the end of a probation period.

Must an employer wait until the end of the probationary period before dismissing?

An employer does not need to wait until the end of a probationary period before dismissing an employee – the employee can be dismissed during the probationary period.

The purpose of the probationary period is simply to enable the employer to monitor the probationer in the initial stages of their employment to ensure that the required standards of performance are reached. If the employee turns out to be unsatisfactory during this period and shows no signs of improving, the employer can proceed with a dismissal without waiting for the period to end.

The employer should ensure that it follows its disciplinary procedure prior to the dismissal and that it gives the employee the relevant notice.