Extending probation period

[Christiane]

Hi all

I've just done an informal (verbal) performance review and now want to extend the probation period of an employee from 6 months to 9 months. Do I just keep it factual, ie. just mention it's been extended or do I have to explain why?

Thank you
Bea

 

[Employment Law Clinic]

Hi Just.b,

It will be useful for the employee to know what they need to do to pass the probation, so explaining why will help them - obviously you consider there is some potential in this employee, so you want them to successfully clear your probation, so ensure they know what they have to do. No need for it in writing, but no harm either. Regardless of what you do put in writing, it will also be helpful to encourage regular informal discussions during the next three months, so you can both be confident the necessary achievements/increases in performance are being reached.

(Will come back to you with some information on your post about pensions tomorrow...)


Karl Limpert

 

[Christiane]

Thank you very much, Carl.
I took the approach ''what can we do to help you''. By now she should be up to the same speed as the others. She mentioned one problem area but this affects everyone, so if the others can do double the work she does, there's no reason why she can't. I also asks if she thinks the ''chatting'' (refer to previous post) might slow her down and does she want me to talk to the other staff.
She's had two days to think about our chat as she's part time and back in today, so I'll see if she has any comments. I did say to come back to me. Sometimes we don't think of everything we could have said at the time so I'm giving her the opportunity to come back to me to say whether there's anything I can do to help her.
I also found out she's looking for another job, hence her heart (=motivation) is probably not in it.

 

[Outsourcer]

Probably a good idea to also state in your staff policy and letter of offer to applicants that the job is subject to a 6 month probationary period that may be extended if required but at your discretion.

ALWAYS make sure your probabtionary extensions falls WITHIN the initial probationary period and not after as effectively, the employee is clear of the probationary period so you can't then say you want to put them back on the probationary period.

 

[Christiane]

Probably a good idea to also state in your staff policy and letter of offer to applicants that the job is subject to a 6 month probationary period that may be extended if required but at your discretion.

ALWAYS make sure your probabtionary extensions falls WITHIN the initial probationary period and not after as effectively, the employee is clear of the probationary period so you can't then say you want to put them back on the probationary period.

Thanks, it's all covered in the contract indeed (thanks to SJR Beale BTW) 6 months which can be extended to 11 months.
She has another month to do to reach the 6 months, so my intentions -if no improvement- is to renew for 3 months.

 

[Employment Law Clinic]

She has another month to do to reach the 6 months, so my intentions -if no improvement- is to renew for 3 months.

Why?

I also found out she's looking for another job, hence her heart (=motivation) is probably not in it.

If the motivation isn't there, and she isn't performing to expected standards (with warnings - and hopefully support), why prolong the inevitable? Unless you have confidence that she will attain the required standard & wants to work for you, is there any purpose in continuing with the employment if she doesn't improve in the next month? Sandra probably has polite dismissal letters on her site that you can issue to just end this matter!



Karl Limpert

 

[Christiane]

If I end her employment after 9 months, I won't need to recruit anyone else until the new year.

 

[Outsourcer]

Thanks, it's all covered in the contract indeed (thanks to SJR Beale BTW) 6 months which can be extended to 11 months.
She has another month to do to reach the 6 months, so my intentions -if no improvement- is to renew for 3 months.

Just a word of caution re the 11 months. I know this is so you don't go past the 12 months period but always take into account any notice periods you may have. I have known of cases whereby someone has been dismissed summarily in the 11th month but if you have a notice period of more than 1 month, the employee has got past the 12 month period and the tribunal will accept a claim for unfair dismissal as technicaly, with the notice period added, they got past the 12 month requirement.

The Tribunal would probaly have a pre-hearing to acertain the qualifiying period in such cases.