Workplace Probation Period & The Importance Of Probation

The workplace probation period for newly recruited employees is gaining popularity among employers. Previously, it was reserved for the CEOs of blue-chip companies, but now it is used for frontline employees. It sounds a little unbelievable. Somewhere along the way, many companies have lost the art of interviewing and replaced the interview process with the probationary period. Is it possible that we have become too reliant on the work probation review and the ease with which we can dispose of employees without legal ramifications?

Probation In The Workplace: What Does It Mean?

The work probation review period begins after an applicant has passed the interview process, during which the applicant starts work on a trial period. Being on probation at work allows the employer to assess whether the recruit is genuinely suitable for the position. From a legal standpoint, dismissing the employee during this work probation period is without any legal comebacks.
The Importance Of Employee Probation Periods

Recruitment agencies are widely relied upon to attract suitable candidates, but the work culture often feels like trying to fit a square peg into a round hole.

Employees under two years of service (and those who fail the work probation review) do not have the right to claim unfair dismissal at an Employment Tribunal. This has given employers leeway in the interview process. They don’t have to make up their minds there and then at the interview stage.

For many clients, the work probation period rarely comes to fruition. It is invariably the case that they will have an employee who is a few months into their employment, and they realise that they don’t have the skills for the job. As long as there are no discriminatory factors (this is key as employees do not need any length of service to claim discrimination), the dismissal will be relatively quick and legally risk-free.
Costs Of The Probation In Work Contract

The problem is that the costs associated with probationary work are hard to identify and spread thin enough for you to miss them at first sight.

Such costs involve the recruit’s initial training. This can include mentoring or shadowing the employee in their day-to-day work. It also means any professional training courses they may have had to attend, including health and safety training.

Other costs include the number of administration costs, from time spent setting up payroll to drawing up probation in work contracts to the cost of work induction or onboarding.

If, after the 3-month or 6-month probation period at work, the employee does not perform as required or pass the work probation review, then the time, energy, and financial resources invested have all been for nothing. Then, the cycle repeats with the search for a replacement recruit.

The hours this individual spends being on probation at work are difficult to calculate. Start totting it up and adding the salary for the now-dismissed employee. You can begin to see a substantial amount of your profits disappearing.

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Workplace Probation Period FAQs?

Is a 3-month work probation period legal?

There is no defined period under the law for probationary work. Some employees ask a recruit to undergo a 3-month probation at work, and some may require 6 months. However, ACAS recommends that work probation be no longer than 6 months. Regardless of the length of the probation period, employees still have statutory employment rights. Even during a workplace probation period, employees’ rights include SSP, maternity and paternity leave, working time directives, time off for dependents, unlawful discrimination, and the national minimum wage.
Can employees on a work probation period claim unfair dismissal?

No, employees on a workplace probation review cannot claim unfair dismissal. An employee needs to have worked for an employer for two years before being able to claim unfair dismissal unless in the event of direct or indirect discrimination.
Can I dismiss an employee during their probationary period?

You are within your legal right to terminate a recruit’s employment at any during the workplace probation period, provided it complies. However, you should first do your best to provide adequate training. If you have any doubts regarding your legal responsibilities, contact Avensure for expert advice.