How long is the probationary period for unfair dismissal?
For employers with greater than 15 employees, the time frame prohibiting a claim of unfair dismissal is 6 months. The length of the probationary period is always within the discretion of the employer.
What happens if you get fired after 6 months of probation?
If the employee was dismissed in the first six months, they would not be able to apply for an unfair dismissal remedy against you. If they were dismissed even a day after six months, they could. And it would not matter that their contract said they were still in the probation period.
How long is a probationary period for an employee?
While both parties tend to hope for success, sometimes the fit is off and the employee and the employer find themselves in the midst of a dilemma. It is typical for employment contracts contain a clause regarding the probationary period of the new employee. These probationary periods can range from 3 months to 6 months in some cases.
Why are probation periods tied to termination notices?
In contracts, probation periods are typically tied to reduced termination notice periods to make it easier for both the employer and employee to quickly move on from the relationship should either feel it’s not working out.
For employers with greater than 15 employees, the time frame prohibiting a claim of unfair dismissal is 6 months. The length of the probationary period is always within the discretion of the employer.
How long does a probationary period usually last?
Length of probationary period. Employers who wish to include a probationary period clause in their employment contract should bear in mind that most probationary periods last for three to six months. While a probationary period of less than three months probably won’t give an employer enough time to assess whether a new employee is a good fit
How to safely dismiss someone on a probationary period?
With so many new appointments now being subject to the successful completion of a probationary period and so many questions coming into the First Practice Management advice line asking how to safely dismiss someone on a probationary period I felt that some guidance on probationary periods would be helpful.
What happens if an employee fails to pass a probationary period?
If an employee fails to pass their probationary period, the employer should be well placed to demonstrate that the employee’s employment was terminated for a fair reason. Employers should arrange a performance review meeting before an employee’s probationary period expires.