Office Politics: Probation Period
Technically yes, but there are certain rules the employer must abide by, says Employment Lawyer Hayley Emony, head of the Employment Department at Rosling King LLP.
Beginning a new job on probation can be a nerve-racking experience for employees, as this can often feel like an extended job interview. From an employer"s point of view, taking on someone new without having a trial period to assess their suitability to the job, can be risky at best and foolish at worst.
Why have a probationary period?
The purpose of a probationary period is to allow the employer time to assess the employee - and, of course, vice versa - it gives the employee time to assess the company as well. After this period, the employee will be told whether his appointment will be made permanent or not or whether the probationary period will be extended.
What rules apply during probation?
The terms of a probation period are usually stated in the contract of employment. Although this can vary from contract to contact, there are some features that seem to have become standard practice:
1. Probation will usually last for three or six months.
2. During probation, a shorter notice period will normally apply - often one week rather than the usual one month for permanent staff.
3. During the probationary period, the employee"s performance and suitability for employment will be monitored.
4. The employer reserves the right to extend the probationary period if he wishes to do so.
5. The contract could also specify the method by which the employee will be told when he has successfully completed his probationary period.
What responsibility does the employer have?
The employer should always ensure that employees are carefully monitored during the probationary period. If performance is not satisfactory, guidance should be given about the standards the new employee should be meeting. If the contract states that the probationary period can be extended at the employer"s discretion, the employee must be notified that the probationary period is being extended. Failure, to do this, could result in the employer being in breach of contract.
Can an employee be dismissed during probation?
As long as the employer does not act in breach of contract and has legitimate concerns about a new employee, it will be quite easy to dismiss the employee during the probationary period (or to extend the probationary period).
What rules apply about dismissal during a probationary period?
For a dismissal to be fair, the employer must have a potentially fair reason for dismissal and act reasonably in dismissing the employee. The test for reasonableness during probationary periods is quite easy to satisfy - a probationary employee knows that he"s on trial and that he must establish his suitability for the post, so he should act with this in mind. Also, because probation is usually at the start of employment, dismissing an employee during this period will carry less risk for the employer because the employee will not yet have carried out one year"s continuous service - this means he"ll be unable to raise an ordinary unfair dismissal claim.
In summary...
At the end of the day, the employer must give the employee a proper opportunity to prove his or herself, and must act within the terms of the employment contract. However, employment can be terminated during probation, with appropriate notice, provided there is good reason for doing so.
