Trial periods
Trial periods can be up to 90 days long.
You have to:
- include the trial period in the employment agreement and have both parties sign it before they start work, otherwise it has no legal grounds if it’s contested
- give the employee all the benefits of a permanent staff member while they’re on trial, like holidays and sick leave.
You can’t:
- put an existing employee on a trial period – they’re for new employees only
- extend the trial once it ends – the employee becomes permanent unless you dismiss them before the end of the trial period.
If you decide to dismiss the employee within the trial period:
- they can’t raise a personal grievance against you on the grounds of unfair dismissal
- they can still raise a personal grievance if they think you’ve discriminated against them or harassed them
- their notice period still applies.
Probation periods
A probation period is different from a trial period.
A probation period is:
- for an agreed length of time
- at the start of employment
- for an employee new to the job to demonstrate their skills (they can be an existing employee who has applied for a new job with their employer)
- for you to assess them.
You have to:
- include the probation period in the employee’s employment agreement before they start work
- give the employee all the benefits of a permanent staff member while they’re on probation, like holidays and sick leave.
You can use a probation period no matter how many employees you have.
You can’t use a probation period to get work done for free. You have to pay a full wage while the employee is on probation.
If you decide to dismiss the employee during the probation period:
- they can still raise a personal grievance for unfair dismissal
- you must follow a fair process
- you’ll need to show there was a valid reason for dismissal.
If the reason is connected to the probation, it must be because the employee isn’t performing to the expected standard in the agreed time. You must have given support and training for this to be a valid reason.
Employment Mediation Services
If there’s a problem during a trial or probation period, you and your employee can get help from Employment Mediation Services. Their service is free, private and confidential. They can help you:
- solve problems
- identify issues
- improve communication.
Mediation can be:
- an email or phone call
- a meeting somewhere private where both parties feel comfortable.
Learn more about