The essentials on probation at work

This section provides a snapshot of what probation at work is. It also gives guidance on how long a probationary period at work should be and insight on employees’ contractual rights.

What is probationary period at work?

Most employment contracts include a probation period. This preliminary period is for employers to understand if the candidate is the right fit for the role. Similarly, new employees can gauge the role to ascertain if it is right for them. Probation periods are not mandatory by law but are recommended for businesses to ensure that they have selected the right candidate for a role. During this period, they can assess the performance of the new recruit, their drive, and if they are a good fit for the organisation in general. Although the probation period can be considered as a test, there are still legal terms that new employees are protected by. Employers need to be act in accordance with those terms and thus manage this period appropriately.

What are the employer’s and employee’s contractual rights during probationary periods?

During the probation period, an employee’s statutory rights are not affected. However, employers can provide different contractual rights during that time. As an example, some benefits that are part of the employment contract can be withheld and reserved until after the period is completed.

Another typical adjustment concerns the notice period. This period can be shortened should the employer feel like the newly recruited employee does not fit the requirements for the role.

How long should probation periods at work be?

The probation period duration will vary depending on a set of factors, including the length of the employment contract, the complexity of the job and the seniority level required for the role. The prior experience of the recruited employee also has a role to play in the length of the probation period. Human resources teams often set the timeframe, which can vary from 1 month to 6 months and can sometimes be extended. Typically, 3 months is the chosen timeframe. When deciding what the length of the period should be, HR teams and leaders should consider how long they will need to identify if the new employee is performing the role satisfactorily. Training might be required for a new employee to work efficiently. The employer should be generous with feedback throughout the probationary period. They should also assess the suitability of the employee for the role on a continuous basis.

Tips on managing probation periods at work

Probation periods should be managed by employers and leaders in a structured way. There are some dos and don’ts on the subject. For example, employers should be prepared to manage an employee on probation and should make their expectations clear. The below section provides some tips on how to manage the probation period in the most effective way.

Have planned, regular 1-2-1 sessions with employees on probation

Managers should have 1-2-1 sessions with all their team members. For new recruits, it is essential that meetings are regular and scheduled in advance. The length of the meeting should be sufficient for the manager to set expectations, assign tasks and provide feedback for development. The employee should also be given the time and opportunity to ask questions.

The final meeting before the probation period ends should take place a day before the end of the probation. At that point, the manager should notify the employee and let them know if they have been successful.

1-2-1 meetings during the probation period should feel natural. After all, the candidate was recruited for the job and should fit the profile the employee is looking for. Two-way communication should be preferred throughout.

Identify any challenges or issues and discuss them

Any issues or challenges should be discussed in 1-2-1 meetings by both parties involved. If the manager feels that the new team member is not performing, they should raise this with them openly and provide feedback and guidance on what they should improve and how. Conversely, if the employee encounters challenges in their role, they should raise them with their supervisor and discuss solutions.

Have clear expectations

It is a common mistake for leaders not to be clear about their expectations. Indeed, there is a fine balance between being prescriptive or micro-managing and giving freedom to employees as to how they carry out their tasks. We recommend that expectations be set from the beginning of the probationary period at work. When doing so, leaders should be mindful to not overload the employee with workload and responsibilities. The process should be gradual so as not to be off-putting. 

Ensure good communication

Communication is critical between managers and their teams. For employees in probation, the importance of communication is paramount and likely to determine their success of failure in the role. Employees should not be scared to ask for help from their supervisors or colleagues. When starting a new role, there is often a lot to learn. Managers should provide sufficient guidance throughout and should encourage communication by both having scheduled meetings and an open-door policy. Making this clear to the new employee is essential to ensure that they feel comfortable asking for help or feedback.

Keep records of performance using HR tools

Human resources tools are built to provide guidance to leaders and employees on how to rate performance. Using these tools will provide structure to the performance evaluation taking place during the probation period. It ensures employers ask themselves the right questions, and that employees provide feedback on their perceptions of their own performance. An additional advantage of these tools is that they keep everything on record. As such, they can serve as evidence if and when necessary.

Evaluate if the employee should be dismissed or the probation period extended

For employees on probation, there are three possible outcomes: they can pass their probation period and become a permanent employee in the business; their probation period may be extended, which happens when the manager needs more time to evaluate the employee; or they may be dismissed during or at the end of their probation period if they do not perform as expected in their role.  

For more on evaluation, check our articles:

• Employee Evaluation Form
• Employee Performance Review Sample: An Evaluation Sample
• How to Conduct an Employee Evaluation

FAQ on probation periods for leaders

Businesses and managers often have questions when it comes to probation. We answer those below to guide you when managing probationary periods at work.

What should employers do during the probation period?

Managers of employees on probation should ensure they follow a structured programme with the objective of assessing the employee in their new role. Part of this structure should be regular 1-2-1 meetings with the employee. The content of these meetings should be planned in advance and communicated to the employee, and it should aim at measuring the employees’ performance. When the probation period comes to an end, the managers should schedule a meeting to review the performance of the employee and identify if there are any gaps that would indicate training the employee might benefit from.

Can the probationary period at work be extended?

A probation period may be extended if the employee is not meeting the employer’s requirements. However, it is critical that managers are clear on their expectations, and that they communicate the extension of the probation period in writing ahead of the date it was scheduled to end. Reasons for extensions include the need for additional training, absence due to sickness, or unexpected absence during the initial period.

What happens when employees transfer to another role internally or get promoted?

The business may decide to implement a probation period for employees moving to a different role internally. Companies might decide to do this when an employee is moving to a role that requires additional or new responsibilities. However, this scenario is rare. Typically, when an employee moves to a different role internally, they will have proven themselves as engaged and performing employees. As such, an employee placed on probation for a new role internally and dismissed during their probation has the right to bring an unfair dismissal claim before an employment tribunal.

What are the rules when dismissing an employee during or at the end of the probation period?

If the employer is not satisfied with the performance of the employee on probation, they can legally dismiss them. When doing so, it is essential to be aware that all employees have a discrimination right from day one of their employment. Managers and human resource teams should ensure that there are no grounds for discrimination claims. 

How should managers confirm the outcome of probation?

The confirmation of the outcome of the probation period should be sent by the leader to the employee in writing. If the employee passes the probation, a confirmation should be sent to them together with any benefits they are entitled to and the confirmation of the notice period.

If the employee is not successful, they should be informed in writing before the end of their probation period and be told the next steps of the dismissal process.

For more on dismissal check our article with Examples of constructive dismissal and how to avoid it.

The probation period should be seen as an opportunity for both employees and employers. Although this is a time for the new recruit to prove themselves, it is also an opportunity for them to assess if they made the right choice in joining the organisation. Businesses should keep this in mind and find the right balance between assessing new employees during this period and making the experience pleasant for their new team member.