Probationary periods give employers a structured way to assess new hires before committing to long-term employment, but they come with legal obligations that are easy to overlook. This article explores what probationary periods are, how they work, and the potential forthcoming changes in the employment law space.<\/p>\n\n\n\n
When an employee starts working for you, you may have a probationary period in place. This allows you to test their ability to perform the job and ensure they are the right fit for your company. Many also refer to a probation period as a \u2018trial period\u2019. <\/p>\n\n\n\n
Whilst it benefits the employer, a probationary employment period can also help your employee decide if the role suits them. Evidence suggests that including a probationary period makes it more likely that the employee will be successful in the job.<\/p>\n\n\n\n
If you decide to have a probationary period for your employees, you must include the conditions, including the length of the probationary period, in their written contract. You must give this to your employee before or on their first day of employment.<\/p>\n<\/div>\n\n\n\n
All statutory legal rights which apply to an employee also apply during their probationary period. This includes: <\/span><\/p>\n\n\n\n However, there are some exceptions. Notably, you can often terminate the contract on shorter notice during the probationary<\/span> period. You may also detail further contractual rights, which may apply differently during a probationary period than when the probationary has ended<\/span>. For instance, employee benefits. Nonetheless, your employee\u2019s employment contract must state this<\/a>.<\/span><\/p>\n\n\n\n That being said, there are some rights, such as ordinary unfair dismissal, that employees with less than two years of service will be unable to bring. From a commercial perspective, this has tended to mean that you could look to dismiss employees without two years of service more easily. <\/p>\n\n\n\n\n