How to manage dismissals during probation period

Published Jun 28, 2023

A probation period is written into most employment contracts and is usually either three or six months in duration. In fact if an organisation operates a probation period it must be included in the terms and conditions of employment.

The probation period gives managers time to assess whether a new hire is a fit for the organisation and their new role. It is also the time when the employee considers if the role and the organisation meet their own requirements.

Employment contracts should include text that enables the employer to extend the probation period in the event there is uncertainty about the new starter.

It is important for employers to hold review meetings with a new starter to discuss how they are settling in and to discuss areas for improvement such as attendance, time keeping, accuracy, output, knowledge gaps and training needs. Where improvements are needed the employer should document this on a probation review form and provide the employee with a copy so they are clear on what needs to be achieved or improved and by when.

There should be at least three review meetings over the duration of the probation period including at the end of month one, the midpoint and the end of the probation period.

Unsuccessful probations

Despite a thorough recruitment process individuals can still be hired who are not suitable for the organisation for reasons such as:

  • Low productivity

  • Lack of skills

  • Misconduct

  • Poor timekeeping

  • Sickness absence (frequency and patterns)

Dismissal process

Where an individual is not meeting the requirements of a new role there should still be a fair process when their employment is ended. This includes the following steps:

The employee should be invited in writing to a probation review meeting. The letter should state the concerns that you want to address. It should also state that the possible outcome of the meeting may be their dismissal.

  1. The employee should be given the right to be accompanied either by a work colleague or a trade union representative.

  2. At the meeting you should talk through the concerns and provide evidence to demonstrate the issue/s. You can refer to the notes made during previous meetings to highlight how concerns were previously raised but there has not been enough improvement.

  3. The employee should be given the opportunity to put their case and respond to the concerns.

  4. The employee should then be advised of the outcome of the probation review and informed of their right to appeal.

  5. The outcome must be confirmed in writing to the employee.

We are often asked by clients if an employee, in their probation period, who is off sick can be dismissed? Employers can dismiss in this situation but again there needs to be a fair process following the steps above which can be conducted either in person, via video call, phone call or as a written process.

Employers should establish if the illness or disability is work related and consider what reasonable adjustments may enable the employee to return to work. Suitable adjustments will vary depending on the circumstances but options may include:

  • Reorganisation of roles to enable the disabled employee to carry out specific tasks and duties.

  • Providing specialist tools and equipment.

  • Allowing for regular breaks.

  • Offering flexible working options.

  • Providing a parking space close to the office.

Please do not hesitate to contact your SSG consultant should you need support with managing the probation of an employee who may need to have their employment terminated.

Gavin Parrott