Getting the most out of your probation periods

In the latest of our series of advice pieces for PiGs AKA People in Glazing Society, Peninsula discuss how to get the most out of a new employee’s probation period.

The first few months of someone’s employment are crucial – and when managed well can lead to long and successful employment. However, when things don’t go well, how can a well-managed probation period provide you with the tools to resolve the situation whilst remaining compliant with employment law?

Contract

A good probation period starts with the contract. Your contracts of employment should contain details of the probation period. It should include how long it will last for, what will be assessed during the period, and what action may be taken if an employee’s performance is deemed unsuitable. You should also make it clear that employees should only take their probation period to have been successful once they have received written confirmation.

Induction and training

In order to give your employees the best start, and therefore minimise the chances of encountering issues, a detailed induction and appropriate training are key. From the outset of their employment, your employees should be given a clear understanding of what is expected of them in their role, alongside the tools and support you will give them to achieve it. This will allow you to assess their performance against these expectations later down the line.

This should be followed by appropriate and robust training for their role. The training should be thorough, and you should ensure the employee has understood how to put it into practice. It would be unfair to expect them to do something they don’t have the knowledge or training on how to achieve.

Review performance

When an employee is busy getting on with their job, it can be easy to fall into the trap of not reviewing performance until there is a big issue. This can be problematic. Best practice is to hold regular reviews throughout the probation period, giving you the opportunity to highlight good performance alongside any areas of concern you have. This will mean you can intervene early on any issues, and provide any additional support or training required. These reviews can be informal, but it’s best to keep a record of what has been discussed in case you need to rely on it later down the line.

Probation review meeting

As an employee’s probation period comes to an end, or sooner where there are serious performance concerns, it’s time to invite them to a formal probation review meeting. As this is a formal meeting, it’s best to have someone with you who can take notes. The meeting will be an opportunity for you to take the informal reviews and discuss in more detail the employee’s performance and suitability for the role, allowing them the chance to respond with any mitigation.

If you are satisfied with their suitability, you can simply confirm the successful completion of their probation period. Be sure to follow this up in writing. Where there are concerns or issues with their performance, you may either choose to extend their probation period, giving you more time to assess, or decide to terminate their employment.

Whilst currently employees require two-years’ service to raise an ordinary unfair dismissal claim, there may be other factors to consider. Therefore, it’s always best to get legal advice tailored to the specific situation throughout the probation period.

Under the Employment Rights Bill, the Government proposes to remove this two-year qualifying period. This means a well-managed probation period will be crucial to being able to fully assess an employee’s suitability quickly and effectively. Without a robust process in place, it will be increasingly challenging to fairly dismiss someone who isn’t a right fit for the business.

Peninsula is a leading provider of Employment Law, Human Resources (HR), and Health & Safety consultancy services and today supports more than 30,000 businesses of all sizes across the UK and Ireland, alongside branches in Australia, New Zealand and Canada.

Contact Mark Witcomb, Regional Sales Manager from Peninsula by email or call on his mobile 07800 918679 for more information about how Peninsula can benefit your business.