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Ask Abeceder a question. 
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AbstractAbeceder managing director Michael Millward, answers a question from an Abeceder® member about probationary periods of employment and how they should be used.ArticleRegardless of how an organisation recruits employees, one thing is certain, it is going to be an expensive and time consuming exercise with which no number of interviews assessment or references can guarantee success.The same is true for employees, they are eager for a new job and the benefits that it will provide, and often view the job offer they receive through rose tinted spectacles. It is not unknown for them also to make the wrong decision and accept a job offer which results in them being in the wrong role with the wrong employer. Going to work involves much more than just doing a job, it is a whole social system, which changes when a new person joins. It is important for both the employer and the employee that they have an opportunity to see whether the new employee will integrate into the social system of the workplace or whether they will disrupt it. A probationary employment period gives both employer and new employee the opportunity to check the decision that they have made within a fixed period of time and bring the relationship to an end, quickly and easily, should either of them wish to do so. Many people think wrongly that a probationary period is in some way different to normal or non probationary employment. This is simply not the case. The term “probationary period” actually has no meaning in law. An employee is an employee regardless of how long they have been employed. A probationary period of employment is just an agreement between an employer and an employee which allows them both the opportunity to assess the success of the relationship and give each the option to end that relationship within a determined period of time from the day it commences. Offers of employment should always include an initial probationary period. In the United Kingdom a typical probationary employment period lasts for three months. In other countries probationary employment periods can be longer or shorter. Contact Abeceder for details of employment legislation outside the United Kingdom. During a probationary period of employment the employee has exactly the same rights and entitlements as an employee who is not on probation, except where those right and entitlements are subject to any length of employment or other qualifying requirements. Employees working a period of probation are protected from all forms of unlawful discrimination (e.g. race, sex and age), and dismissal for automatically unfair reasons such as pregnancy, trade union membership and whistle-blowing. They are also entitled to full family-related rights and are entitled to a written statement of terms and conditions if they request one. Although probationary employment periods have no legal standing they play an important practical role within the employment relationship. The offer of employment should highlight to the prospective employee that during the probationary employment period, their conduct and abilities will be closely scrutinised, and that the end of the period serves as a prompt for a thorough review of the employees’ overall performance. Likewise the employee should also use the probationary employment period to assess whether they have made the right decision to join the company. Probationary employment periods are about getting to know one another and deciding whether or not the employment relationship will work or what changes will be required to make it successful. An employer can stipulate different contractual terms for employment during the probationary period of employment, typically this will involve a shorter period of notice for both the employer and the employee. Employers should remember that the notice period must not fall below the statutory minimum notice period. Employers often think that on the last day of the probationary employment period they can say thank you and good-bye. This is not the case. The employee is always entitled to their statutory notice period and to know the reasons why their contract of employment has been terminated. Termination of the employment contract should not come as a surprise to the employee. The purpose of the probationary period of employment is for both employer and employee to assess the suitability of the employee for the role and the organisation. Performance management should be more focused during the probationary employment period and aim to identify assistance the employee might need to reach the experienced worker standard. Set Clear Objectives During the probationary period of employment the employee should be given clear objectives both for the role and for their probationary period of employment. Give Instruction and Guidance The employee should be given instruction and guidance with all tasks, not just those that are new to them, but also the tasks with which they are familiar, but which may be done differently in this role to the last organisation in which they worked. Managers should remember to ask open questions to check that the new employee fully understands what is required of them. Provide Feedback Two way feedback sessions should be held at which both the employer and the employee can openly and honestly discuss the development of the relationship and the performance of the employee in their new role. The terms of the probationary employment period should be defined in a policy document that is provided to the prospective employee with the letter confirming the offer of employment. The information should include
Employers should always mark the successful completion of a probationary employment period. The employee should be thanked for their work and formally welcomed to the team. In many ways this can be seen as a coming of age or rights of passage type of occasion. There can be few things worse for an employee than being told that they are to be assessed over a period of time and then left guessing whether or not they have passed that assessment. If the probationary employment period has not proved successful the employer should act sensitively when terminating the contract of employment, and take care to ensure that the statutory rights of the employee are not breached. Decide before the employee starts work whether employment will be confirmed automatically at the end of the probationary employment period, or whether it will need to be confirmed in writing. Remember that if an employee is waiting for a confirmation letter that if they don’t receive it they may conclude that their employment contract has been terminated. Final Thought Probationary periods are a valuable business tool that work to the advantage of both employer and employee - if they are managed effectively. They are the final stage of the recruitment process. Managers and employees need to assess each other honestly throughout the entire period. There is no point in waiting until the last day of a probationary period of employee and then deciding yeah! you'll do or no you won't.
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