4. Extension
An employer might extend an employee's probation period when:
- the employee's performance is not satisfactory at the end of probation
- they are likely to improve with more support or training
An employer should have clear conditions for when they can extend probation. These should be explained in the probation policy, if there is one.
Confirming an extension
An employer must:
- tell the employee in writing about an extension – this could be in a letter or email
- confirm an extension before the original probation period ends – failing to do this could be a breach of contract
- update the employee's written statement of employment particulars within one month
Agreeing a plan
Employers should discuss and agree with the employee:
- the length of the extension
- what review points there will be
- expectations for improving performance, including any training
- when the final review will happen
- possible outcomes at the end of the extension
How long an extension should be
Employers can decide how long to extend a probation period for. This will depend on the circumstances.
Employers should consider:
- how long it might take to do more training that's needed
- what time period is realistic for seeing improvement – for example, if an employee needs to complete a project
- if someone needs time to recover and return to work after being off sick
Extension due to absence
An employee who has been off work can still successfully complete their probation without extension.
An employer can use reasonable evidence of performance to decide if an employee will pass their probation.
For example, an employee has a 6-month probation period. They perform well for 4 months but are then off sick for 2 months. The employer can use the 4 months of good performance to confirm the employee passes their probation.
Sometimes, absence means the employer cannot properly assess someone's performance. It might be appropriate to extend probation in this case.
An employer should clearly set out conditions for extending probation due to absence. This could be in the written statement, contract or a relevant policy.
Avoiding discrimination
Employers must not discriminate in the way they handle probation extensions due to absence.
An employee might take family-related leave during their probation. For example, maternity, adoption or shared parental leave. The employer should consider if they have enough evidence of good performance before the leave. This might mean the employee can still pass probation.
If there's not enough evidence, they should discuss and agree an extension with the employee. It's a good idea to do this as early as possible, when the employee is planning their leave.
If an employee is disabled, employers must make reasonable adjustments. This might include adapting how they handle disability-related absence.