People Management Magazine have reported that:
“Third of businesses set to update probation policies because of planned day-one rights, poll finds”
Having an engaging and well-structured probationary period is important and is going to be even more so when day-one rights come into play.
Currently, an employee cannot claim unfair dismissal unless they have been continuously employed for 2 years. However, from 2026 onwards there will be significant changes to the current flexibility that employers have in the first 2 years on employment where they do not have to follow a lengthy dismissal procedure.
Dismissals during probationary periods are expected to follow a streamlined process. This will likely require the employer to meet with the employee (who will have the right to be accompanied) to outline the concerns and the intended action. The outcome will need to be confirmed in writing, and the employee will be given an opportunity to appeal.
A probationary period should be viewed as a two-way process, giving both the employer and employee the opportunity to evaluate if they are the right fit for each other. To make this period effective, it’s important to establish clear performance expectations from the start and schedule regular review meetings. These meetings provide an opportunity to address any concerns, agree on solutions, and identify the necessary support to help the employee succeed.
These meetings and minutes, which should be shared with the employee, will be vital in helping employers to defend any unfair dismissal claims in the unfortunate event that the employee is not performing as required and the probationary period is closed.
Our advice is for employers to start to review the length of their probationary periods and process for probationary reviews without undue delay.
If you require any support in this respect, we have a team of experts that would be more than happy to assist The Absolute Works.
0333 2005153 or email info@absoluteworks.co.uk
