Barring certain exceptions, yes. In order to claim unfair dismissal in terms of performance, an employee must have worked for a certain period of time: Before 06 April 2012: One year. On or after 06 April 2012: Two years. It is only then that an employee is entitled to their main/ordinary unfair dismissal rights. However,… Read More
“While a probationary period of less than three months probably won’t give an employer enough time to assess whether a new employee is a good fit for the business, anything longer than six months might put an unfair amount of pressure on the employee.” (Last, 2016). Although there is no legislation determining the length of… Read More
The simple answer is yes. However, whether an employee can be dismissed for poor performance prior to the end of their probation period will largely depend on what is contained in the contract of employment and any associated documents, for example: If an employer does not stipulate a probation period they would be expected to… Read More
“In almost all cases we find large jumps in the predicted probability of a work absence after probation periods are completed.” (Riphahn & Thalmaier, 1999, p.12). Research by Loh in 1994, using data on US hires, provides evidence that supports the hypothesis that a probation period induces self-selection by workers. Loh (1994) argued that individuals… Read More
An employee has no absolute right to be confirmed in post just because she is pregnant if her work performance is not of a satisfactory standard and the reason for this is wholly unconnected to her pregnancy. If the employer wished to dismiss the employee due to ongoing poor work performance, it would need to… Read More
It is a fairly common practice for contracts of employment to have an increasing amount of notice based on length of service. However, for probation periods it is usually one week or month. The contract of employment should state what the notice periods are. In general, the period of notice should be equal between the… Read More
There are a variety of different viewpoints regarding the purpose of a probation period, but they ultimately seek the same outcome – an employee who is capable of doing the job/role. “Employers use trial periods to address risk when hiring” (Houghton, 2012, p.iv). “The probationary period can be valued as the most valid determinant of… Read More
