The Importance of a Structured Probationary Process in Light of Employment Law Changes

With recent changes to employment law, the informal approach that many small businesses take toward probationary periods may no longer offer the same protections they once did. In the past, it was generally low risk to dismiss an employee with less than two years’ service, unless they had protected characteristics such as race, disability, or gender. However, this safety net has been scrapped, and employers now need to be much more diligent in managing the probationary process.

Here’s what small businesses need to consider moving forward:

 

1. Documenting Everything

  • Ensure all training, performance meetings, and progress reviews are clearly documented. You must demonstrate that every effort is being made to support the employee and give them the opportunity to succeed.

2. Regular Reviews and Meetings

  • Are you holding regular one-to-one meetings to assess progress?
  • These discussions should be structured and documented to show that you are giving the employee feedback and a chance to improve where necessary.

3. Clear Performance Expectations

  • Are you setting clear, measurable goals from the start?
  • Both parties should be on the same page regarding what success looks like during the probation period.

4. Performance Issues Identified Early

  • If any issues arise, they should be addressed early on with a documented plan for improvement, including timelines and additional training if necessary.

5. HR Expertise

  • In smaller companies, it’s not the norm to have an in-house HR professional managing this process. Even if your HR needs are covered by an insurance policy, you may not have ONE person to manage this for you during this critical time, meaning you are taking valuable time aeway from the ‘business’.

That’s where I come in. As an HR consultant, I specialise in helping businesses like yours navigate the probationary process. I currently manage these processes for my clients and ensure they are fully compliant with the latest legal requirements.

If you’re unsure whether your probationary process meets the new standards, please consider getting in touch. I can help ensure you are meeting your obligations, keeping your business safe, and giving your employees the best chance to succeed.

If you’re unsure whether your probationary process meets the new standards, please consider getting in touch. I can help ensure you are meeting your obligations, keeping your business safe, and giving your employees the best chance to succeed.