Probationary periods offer employers an invaluable opportunity to evaluate a new hire’s capabilities and assess whether they are the right fit for the organisation and its culture. Most probationary periods end with the employee being offered a permanent role. Sometimes, however, it becomes clear that things are not working out. When this happens, business owners frequently approach our expert HR consultants for advice on how to sack someone on probation.
While sacking an employee on probation is usually more straightforward than terminating the employment of someone with a long service history, it still requires care, clarity, and compliance with employment law and the employee’s contract. If you need help and guidance with how to sack someone on probation lawfully and fairly, our HR consultants are on hand to help.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
Is There Legislation Covering How To Sack Someone On Probation?
A probationary period is not a legal requirement, but it is common practice among UK employers. That is because it allows employers to test the employment relationship before committing to employing an individual on a permanent basis.
Probationary periods typically last for between three and six months. During this time, employees usually have shorter notice periods and may not have full access to certain contractual benefits, depending on the terms set out in their employment contract or staff handbook.
However, employees on probation still have legal rights. While they cannot usually bring a tribunal claim for unfair dismissal unless they have two years or more continuous service with your organisation, they may still make claims based on issues such as breach of contract or discrimination.
The law does not prescribe a process that governs how to sack someone on probation. However, following a fair, clear procedure will reduce the risk of employees making a legal claim against you, and will ensure that you have a paper trail to prove that your actions were in compliance with the law should the employee question them.
How To Sack Someone On Probation
How to sack someone on probation depends on a number of factors unique to the situation, such as the size and nature of your organisation. Our HR consultants will assess your circumstances and devise a strategy that achieves your desired outcome as swiftly as possible while ensuring legal compliance.
Examples of the types of steps our HR consultants may advise that you take include the following:
• Review The Employment Contract
The first thing you should do before taking any action in connection with sacking an employee on probation is to check the employee’s contract of employment and any other relevant documentation, such as your organisation’s employee handbook.
The contract and accompanying handbook or policies may contain crucial details, such as the following:
- The length of the employee’s probationary period.
- Any notice period required for termination.
- Whether the probation can be extended.
- Any specific procedures you must follow before ending employment during probation.
If the contract or company policy specifies a specific process for sacking an employee on probation, such as holding a probation review meeting, it is essential that you follow it. Failing to do so could lead to employment tribunal proceedings being brought against you.
• Assess Performance And Conduct Fairly
A probationary period is not merely an opportunity for you to observe an employee, but it is also a chance for you to offer them constructive feedback and support. If performance or conduct concerns arise, it is usually a good idea to address them early and give the employee a chance to improve.
If you later decide to sack the employee on probation, having a record of these discussions can help you to demonstrate that your decision was fair.
• Hold A Probation Review Meeting
Before you sack someone on probation, it is advisable to hold a probation review meeting with them. During the meeting, you can discuss a range of issues, including those that have caused you to question the employee’s suitability for the role, such as performance or conduct issues.
• Communicate Your Decision Clearly
Once you have decided to sack someone on probation, you should communicate your decision clearly to the employee in question in writing. You must ensure that you give the employee the notice period to which they are entitled, either under statute or pursuant to their contract with your organisation.
Examples of the types of matters your letter should address include the following:
- The reason for dismissal, for example, their failure to meet your performance expectations. You must ensure that your reason is lawful.
- The employee’s final working date.
- Details of pay, holiday entitlement, and any outstanding benefits.
In summary, while it can be perfectly lawful to sack someone on probation, you must ensure that your reasons for doing so are fair. Our HR consultants will devise a strategy that accords with the law and any applicable contractual requirements, and advise you on the process you should follow and the paperwork you should keep to defend any tribunal claim made against you in the future.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
