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Probation Periods - Haven't got one?

Discussion in 'Employment & HR' started by Alex Foster, Jan 10, 2018.

  1. Alex Foster

    Alex Foster UKBF Newcomer Free Member

    12 0
    If your contract of employment doesn't state a probation period, are they allowed to enforce one? Is there a mandatory law with probation periods?

    Interesting to see what people's thoughts are.
     
    Posted: Jan 10, 2018 By: Alex Foster Member since: Dec 28, 2017
    #1
  2. Scalloway

    Scalloway UKBF Legend Free Member

    13,923 2,974
    Probationary periods have no basis in law. You can legally be fired for no reason in the first two years for no reason.
     
    Posted: Jan 10, 2018 By: Scalloway Member since: Jun 6, 2010
    #2
  3. Newchodge

    Newchodge UKBF Big Shot Free Member

    10,157 2,615
    Probationary periods are pretty meaningless. There only real relevance is a chorthand way of writing a contract - you are entitled to 1 month's notice on completion of your probationary period etc.
     
    Posted: Jan 11, 2018 By: Newchodge Member since: Nov 8, 2012
    #3
  4. obscure

    obscure UKBF Ace Free Member

    2,450 557
    Probationary periods are a matter of company policy not law. If a company wants to have them and to sack/not sack you at the end of that period they can do so. However they are a pretty stupid concept. Are you going to work harder during probation? Are you going to stop working after you pass it? The company can sack you without cause at any time within the first two years... so in essence you are on probation for the whole of the first two years. Much better not to let them know and just see how they work when they don't think they are being scrutinised.
     
    Posted: Jan 11, 2018 By: obscure Member since: Jan 18, 2008
    #4
  5. Alex Foster

    Alex Foster UKBF Newcomer Free Member

    12 0
    That's very interesting. I didn't know that was 2 years. Why is the duration 2 years?
     
    Posted: Jan 11, 2018 By: Alex Foster Member since: Dec 28, 2017
    #5
  6. Scalloway

    Scalloway UKBF Legend Free Member

    13,923 2,974
    The duration of 2 years is set by law. If you have been employed for over 2 years you can take your employer to a tribunal for unfair dismissal if you are fired.
     
    Posted: Jan 11, 2018 By: Scalloway Member since: Jun 6, 2010
    #6
  7. ElisaLee

    ElisaLee UKBF Newcomer Free Member

    11 4
    Agree with this to a degree. As long as you are not fired in relation to protected characteristic ie gender, religion, ethnicity etc your employment can be terminated. You can be dismissed for conduct, capability etc however, employers should always try to follow a fair process ie capability - where practicable implement and PiP to support gaps in employees knowledge.
     
    Posted: Jan 31, 2018 By: ElisaLee Member since: Jan 31, 2018
    #7
  8. Nord20

    Nord20 UKBF Regular Free Member

    486 108
    Probation periods can and do serve a useful purpose. Things someone on probation might expect:

    1. A review at the end of their probation (employees might only get annual reviews once their probation is over).

    2. A lot companies don't offer perks to people on probation, so by proving yourself over the first x months, you get access to company perks (whatever they may be).

    3. Helps bed in new staff with clients, if they are customer facing. Much like a driver's L plate, someone on probation, who is clearly in training, usually gets a bit more patience from the client than they might otherwise get.

    4. It gives the new staffer a morale boost - it is a sign that the Management have reviewed your progress and concluded that you no longer need training in your job, you can fly solo and will be trusted to do so.
     
    Posted: Feb 2, 2018 By: Nord20 Member since: Mar 8, 2011
    #8
  9. Mr D

    Mr D UKBF Legend Free Member

    10,068 1,056
    Some places have lower pay until the probation period is passed. In unusual situations they can extend the probation period.
     
    Posted: Feb 2, 2018 By: Mr D Member since: Feb 12, 2017
    #9