With the recent news over the Employment Rights Bill being introduced to parliament on 10 October 2024, employers have been left unsure about what impact some of the new rights will have on their business including the day one rights that employees will have, and the speculations around statutory probationary periods being introduced.
Employers may feel that it will be increasingly important in the future to ensure that any new recruits are the right people for the job and be concerned about what may happen if that person does not work out to prevent claims being raised against them in the Employment Tribunal.
A robust probationary period has always played an important part in any employer’s toolkit, and it looks like this will be more crucial in the future.
Currently a probationary period may be seen by some employers as a tick box exercise, where they have some opportunity to assess a person’s ability and decide whether they are capable or not. However, given how quickly a probationary period can pass, if not deal with effectively, the probationary period may lapse without the employer really having had the time to properly judge whether the recruit is a good fit for the business in the longer term.
This can be a waste of an invaluable period of time for both the employer and the employee. If a probation period is used effectively, it allows the employee to feel supported and valued by the business and allows the employer to get the most out of their new employee and ultimately gain more of an insight into their abilities, and their fit with the business.
The key to a successful probation period is in the planning, by creating a plan of what the probation period will look like, so that the employee has clear objectives to work towards and a schedule of check in meetings to discuss their progress both from the employer’s and employee’s perspective.
By scheduling regular probation review meetings, the employee is able to discuss any support they may need, the employer can discuss if the employee is meeting their objectives and any potential issues can be addressed throughout the probationary process rather than only being discussed at the end. This way the employee feels they are supported by an employer that is invested in their success, and the employer knows that it has provided as many opportunities for support as it can for its employee. This in turn should lead to better staff retention and, significantly, avoid claims in the event you do choose to dismiss on grounds of a failed probationary period.
A probation period is not always successful, and there are occasions where the probation period determines that the employee and, in some cases, the employer are not the right fit. An employer can take steps to minimise the risk of claims being raised against them by documenting the probation period process that has been followed and the support provided to assist the employee in fulfilling their potential.
Of course, this is just a small snapshot of what a full probation period should look like, and if you feel you would like support on ensuring your business is following the best practices during your recruitment and employment of staff, then our employment law team are on hand to provide full guidance to future proof your business.
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