2. Following a fair process
Employers should make sure their probation process:
- has clear expectations from the start
- is consistent across the organisation
- considers specific roles and circumstances
- works together with their induction and performance management processes
- includes regular probation reviews
Having clear expectations
Employers should make sure their probation process has clear terms, conditions and expectations. This should be in line with the organisation's performance management processes.
Employers must set out the terms and conditions of probation in one of the following:
- employees' written statements of employment particulars
- employees' contracts – if they have them
They should also include them in any relevant policy, if there is one. For example, a performance management policy or separate probation policy.
If the terms and conditions are in a policy, employers must make this clear in either the written statement or the contract.
Employers should set out expectations for successfully completing probation. For example:
- meeting targets and objectives
- satisfactory attendance
- doing mandatory training
Being consistent
Following a probation process consistently across the organisation can help:
- make sure new employees know what is expected of them
- explain how decisions are made – this reduces the risk of discrimination
Having a probation policy can help employers and managers to be consistent.
Employers should make sure managers are trained in handling probation periods. This includes training on any relevant policies and procedures.
Training managers will help them to:
- make consistent decisions
- decide what meetings they need to have, what training they need to offer and any timescales
- understand what's expected of new employees
- handle difficult conversations
- resolve any problems early
- communicate clearly with employees about possible outcomes of probation
Considering specific roles and circumstances
Employers should consider the specific needs of different roles in their probation processes. For example:
- technical or specialist training or qualifications
- working patterns – this might include part-time working
- working from home or hybrid working
- other working arrangements – this might include things like travelling for work or working outdoors
Employers should also be flexible when needed. There might be circumstances where a strictly consistent approach is not appropriate. For example:
- employees might have unplanned absences like bereavement or sickness
- longer probation periods might be affected by annual leave or planned closures
- disabled employees might need reasonable adjustments
Example of a consistent and tailored probation
A construction company employs bricklayers and electricians. The employer has consistent expectations for employees during their probation. These include that employees must:
- follow health and safety standards
- have satisfactory attendance
- work well in a team
- carry out work of a high quality
Probations are also tailored to the different roles. The employer takes into account:
- the specific skills and training each role needs
- how working conditions affect the roles differently – for example, weather is more likely to impact bricklayers working outdoors
Example of a consistent and flexible probation
A school has consistent expectations for new teachers during their probation. These include:
- following the school's code of conduct and safeguarding procedures
- passing a set number of lesson observations
Probation periods are also flexible to allow for time off during school holidays. The probation policy allows for extensions if the summer holiday falls in the probation period.
Working with induction and performance management processes
Probation processes should work together with an employer's:
- induction process
- performance management process
Inductions
A probation period is not the same as an induction. An induction is the process of welcoming someone to an organisation or role.
A probation period and an induction might happen at the same time.
The two things should work together to help employees to settle into a new job. Both involve offering support and training so that employees can perform well at work.
Find out more about inductions
Performance management
It's likely an employer's probation process and performance management procedure will overlap.
Employers should make it clear to managers and new employees:
- how the processes work together
- where to find information about both processes
Managers might need to use the performance management process to:
- set objectives with a new employee
- take steps to help a new employee improve their performance
Find out more about performance management
Having regular reviews
Employers should make sure employees have regular structured probation reviews.
Find out more about probation reviews
Having a probation policy
Employers should consider having a probation policy. This is a good way to set out clear expectations for probation periods.
A probation policy should include:
- who it applies to
- how long probation periods last
- when reviews happen
- expectations for performance and conduct
- details of any training the employer provides
- conditions for passing probation
- when probation can be extended and how long for
- who to talk to if there are any problems
- what happens at the final review, including what the different outcomes might be
- how to appeal decisions, including probation reviews and the final probation outcome
- how records are kept in line with the General Data Protection Regulation (UK GDPR)
If an employer already has a probation policy, they should:
- follow it consistently
- make sure it's easy to find and written clearly
- review it regularly
- train managers in using it
When someone completes probation
When an employee successfully completes probation, the employer should confirm it in writing. For example, in a letter or email.
The employer must give the employee their new terms of employment. This could be either:
- a new updated written statement of employment particulars
- a separate document setting out the new terms
Employees should check which terms change when they complete probation. For example, they might get access to more employee benefits. Or they might have a longer notice period.
After their probation period ends, employees should still have:
- regular check-ins with their manager
- the support and training they need to do their job
If someone thinks their probation is not being handled fairly
If an employee thinks their probation is not being handled fairly, they should talk to their employer. They might be able to resolve things informally.
Employees should:
- raise it early with their employer if they do not understand the expectations of their probation
- keep a record of things they raise, including what's agreed and any relevant timescales or dates
If informal steps do not resolve the problem, employees can raise a grievance. This is when an employee makes a formal complaint to their employer.
Training on probation periods
Acas offers free e-learning on recruitment, induction and probation.