She decides to offer a three-month contract just in case things don’t work out.

But using a fixed-term contract to decide if someone is suitable for a role is illegal. Instead, as a business with 19 or fewer employees, Wendy could offer a permanent contract and include a trial period. If she does this, Wendy must remember:

  • Trial periods are voluntary and must be agreed in writing with her employee. If not, the trial won’t be legal.
  • Trials can last for no more than 90 days, and are for new employees only.
  • If it’s not working out, she should first discuss any issues with her employee to see if these can be resolved.