Oh no.... You hired them and you thought they would do a great job. Now it's not working out. I frequently hear the question- 'Do I need to formally manage a 'non- performer' during the probation period?'
The fast answer is 'It's a grey area.'
The probation period is almost like a trial period for the business to assess performance of the employee. It's also an opportunity for the new employee to determine whether the role, the team and the environment are right for them.
If it's not working out during the probation period, employers simply need to provide the employee with the required notice period and a formal letter, confirming the necessary details.
Employers have minimal risk of an unfair dismissal claim when terminating employment under the probation period. However, it's important to be aware that adverse action claims can still take place if employment is terminated for unlawful reasons such as having young kids, a religion you don't like, or a hair cut you wouldn't have chosen yourself.
When employment is terminated under the probation period, it's a great opportunity for the employer to have some self reflection. Here are a few things to think about:
- Does our recruitment process need to be tighter? What could we do to be more thorough in selecting the right candidate next time?
- Was there an adequate induction and on-boarding process, equipping the new employee with all the tools and information they needed to be successful and effective in the their role?
- Did the employee have reasonable access to their manager to ask questions?
- Did the employee's manager meet with them to provide open and constructive feedback on the performance or actions that that were unsatisfactory?
- What do we need to do differently, next time, to ensure we are successfully bringing the right people on board?
If it's looking like an employee isn't going to pass probation, it's important that the process is managed professionally and lawfully. If you have a situation where employment needs to be terminated under the probation period, and you want to make sure all bases are covered, it's best to consult with an experienced human resources professional or an employment lawyer.
For further information, please contact Sarah Low on the details below.