With the recent suggested changes in employment law under the new Labour government, businesses are facing a shift in how they manage probation periods and handle employee dismissals. One significant change intended is the rollback of the two-year minimum employment period required before employees can file unfair dismissal claims. This change will allow employees to challenge their dismissal from day one of their employment.
The Importance of the Probation Period
Given this new legal landscape, the probation period has become even more critical. Employers can no longer rely on the previous two-year grace period to determine an employee’s fit without the risk of an unfair dismissal claim. Now, all aspects of an employee’s performance and conduct need to be carefully documented from the outset.
Key Actions for Employers:
- Document Everything: From the initial interview process through to the end of the probation period, it’s crucial to maintain detailed records. This includes feedback, performance reviews, and any concerns or incidents.
- Regular Check-Ins: Establish a consistent schedule for meetings during the probation period. These should be used to discuss the employee’s progress, address any issues, and provide support where needed.
- Clear Communication: Be explicit about expectations and the standards required to pass the probation period. This clarity can prevent misunderstandings and set a clear benchmark for performance.
- Objective Criteria:Use objective and measurable criteria to assess whether an employee has successfully completed their probation. This reduces the potential for claims of unfair treatment.
Legal Considerations
These intended new rules mean that dismissing an employee during or at the end of the probation period requires more careful consideration. The dismissal process must be fair, and any reasons for termination should be well-documented and communicated clearly to the employee. Simply stating that an employee “does not fit” may no longer suffice as a legitimate reason for dismissal.
How We Can Help
Navigating these changes can be challenging, but we’re here to help. Our expertise in employment law and HR best practices ensures that your business can manage probation periods effectively and legally.