Can you sack someone in their probationary period

Got a question? Get a free callback from one of our experts. Speak to an expert. Main Modal Search. Suggested Resources. Latest Guides Implied terms of a contract An employment contract sets out the agreement between you and your staff.

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Download Show more. Thank you We will be in touch as soon as possible. There are certain requirements for notice periods that you must know. For example, staff who have worked for you for at least one month are entitled to at least one week's notice. Can I dismiss staff who are on probation as part of a promotion? Two years' service makes an unfair dismissal claim easier for staff to make.

You should be open with the staff you promote into a new role. Will they need new training or time to adjust? While many promotions do come with a trial period, the outcome of failing it would more often be demotion back to their previous role than outright dismissal.

Make sure that you communicate the consequences to your employee at the start of the promotion. Absence is a common reason why staff fail their trial period.

This can be frustrating for an employer who is trying to fit a new team member into their workplace. It will also be frustrating for the new recruit. Instead of failing probationary periods due to long-term sickness, a boss might decide to extend a probation to give the employee more time. You should inform them of an extension in writing and you should include your right to extend the trial in the contract of employment.

If their absence, though, is because of a protected characteristic, such as a disability , then they will be able to claim for unfair dismissal or discrimination if you dismiss them. Do this as soon as they start, if you can. This includes a template letter to provide them with notice of dismissal. The process allows you to determine if a new starter is right for the role and if their values match those of your organisation.

It could also be down to:. There's no need to provide notice to those employed for less than a month. To handle probationary reviews consistently, consider investing in training for managers on how to manage probation for employees. You may have to consider dismissing an employee if they have to take time off work to recover from an illness or injury.

However, you should conduct an assessment to identify if the illness or disability is work-related. Below is an example you can use for your business. I am writing to confirm the discussion which we had on [date]. Following reviews of your work and feedback from your manager, unfortunately, [specify the reason for dismissal].

The best way to find out is to discuss any problems with the employee to get their point of view and explanation. Never rush into any decision to dismiss. However, it is considered good practice to do so. Following a fair procedure will not only reduce the risk of any claims against you at a tribunal; it will also help build your reputation as a fair employer.

With that in mind, you will ideally have a procedure in place which can be followed in the event you need to dismiss someone, whatever the length of service. It should be somewhat like the process outlined below.

As mentioned above, it is a good idea to invite the employee to a meeting to discuss concerns and try and agree a solution. If dismissal is deemed to be unavoidable, invite them to a meeting to discuss this action. Again, let them know that this is what the meeting is about in advance.

If at that meeting the employee asks you to reconsider, make sure you take a little time to do so. If necessary, adjourn the meeting for a short time and then reconvene to let them know your decision. Provide a copy of your decision in writing in the next few days and let them know they have a right to appeal.

As part of your dismissal procedure, you may also provide an opportunity for the employee to raise an appeal.