What is a Probation Period?

A probation period is a trial phase at the start of employment, allowing employers to assess whether a new hire is suitable for the role and fits into the organisation. It also gives the employee time to determine if the role and workplace are right for them.

 

Key Legal Update: 6-Month Limit

Under the Work Life Balance and Miscellaneous Provisions Act 2023, probation periods must not exceed 6 months for most employees.

• Maximum length: 6 months
• No extensions beyond 6 months, except: In exceptional circumstances, and only if the extension is in the employee’s interest (e.g., extended leave)

Even then, the absolute maximum is 12 months total, and only if agreed in writing

 

Best Practice Steps for Managing Probation

1. Set Clear Expectations from Day 1

Provide a written job description and expectations;

• Issue an employment contract clearly stating:
• Length of probation
• Review process
• Notice periods during probation

 

2. Schedule Regular Check-ins

• Week 2: Initial check-in
• Month 2–3: Mid-point review
• Month 5: Final review

Use a consistent format: assess performance, attendance, conduct, and cultural fit.

 

3. Keep Records

• Document all meetings and performance discussions
• Use structured templates for reviews
• Give constructive feedback and support

 

4. Outcome of the Probation Period

At the end of the probation period, you must make one of three decisions:

• Confirm Employment- Issue confirmation in writing.
• Terminate – Provide written notice (even during probation, fair process is vital).
• Extend (Rare)- Only in exceptional cases and within the legal limit (see above).

 

Missed the Review Date? What Happens?

If the probation period ends and no formal review or action has been taken, the employee is generally deemed to have passed probation by default. This is because continuing the employment beyond the agreed probation date, without objection, is seen as implied confirmation.

• You cannot extend a probation period after it has expired.
• This is why it’s crucial to schedule reviews and act before the six-month mark.

 

Key Considerations When Terminating During Probation

While unfair dismissal protections usually don’t apply within the first 12 months, employees still have rights:

• Protection from dismissal for discriminatory reasons
• Right to fair process in disciplinary situations
• Always follow a fair and reasonable process- document the issues, give the employee a chance to respond, and confirm decisions in writing.

 

Checklist for Probation Management

✔ Contract includes probation details

✔ Calendar reminders for reviews

✔ Documented check-ins

✔ Written confirmation (or termination notice) before 6 months

✔ Employee support and feedback provided

 

Questions?

Need help with a probation policy or review template? Get in touch with us using the contact details below.