Companies may wish to consider designating the first few weeks or months of a new recruit's employment as a probationary period, during which time his or her performance will be closely assessed. The purpose of this period will be not only to ensure that the employee's performance meets the required standard but also to identify any training and support that are needed.
It is important that there should be regular monitoring of performance and conduct during this time, and the employee should be clearly informed if he or she is failing to meet the required standard. Remedial steps can then be agreed and a timetable set for improvement. If shortcomings are not brought to employees' attention, they may legitimately argue that they have successfully completed their probation. This may make it difficult for the employer to maintain that it is acting reasonably if, after a year, it dismisses an employee for poor performance. If an employee narrowly misses the required standard and the employer decides to extend the probationary period, it is advisable for this to be confirmed in writing and signed by employee and manager.
It is advisable for the employee's contract to state that it may be terminated if the probationary period is not satisfactorily completed, and it should specify the notice of termination that will be given. It should also be made clear that the company's usual disciplinary or performance procedures, which may be incorporated into the employee's contract, do not apply in these circumstances. It would be advisable, however, to follow the statutory minimum dismissal procedure even when terminating the employment of a probationer.