Using the Probationary Period Effectively
In the recent case heard by the WRC; O Connor v Smyth Kinsella Ltd, concerning a large award made to a former employee who was dismissed during the probationary period, it was demonstrated again, the importance of having processes in place to manage probationary periods and ensuring that best practice is adhered to.
Firstly, an employer must provide for a probationary period in the employee’s contract. Normal length of time for a probationary period is 6 months. The extension of this period should only be for exceptional circumstances such as absence. Any extension should not extend further than 12 months in total.
The application of company disciplinary procedures is not required during the probationary period, but this does not permit the company to dismiss during this period without warning.
Best practice sets out that an employee’s suitability for the role should be assessed during this period and regular review meetings should take place.
In particular, if it is the case that the employee is underperforming, then the employee must receive this feedback through a review meeting as soon as possible and given the opportunity to address.
At the end of the probationary period the employee should be told whether they have passed, failed, or the period is to be extended.
In the aforementioned case the WRC found that alongside a “predisposition” from the Company when terminating the employee, they found that there was a lack of procedural fairness in the dismissal.
Ryan HR can support its clients in implementing clear processes and best practice. For more information or call back, please click the contact button.
