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Probation

  • Probationary periods are not a legal requirement.

Some employers may regard the first 12 months as a probationary period as new employees do not gain unfair dismissal rights until after 12 months. However unless the role is especially difficult and requires such a lengthy period the normal length would be somewhere between 3 and 6 months.

Tracking probation is important from both perspectives. The employee knows how they are progressing and the employer is able to ensure that there is clarity about what is expected of the employee. It also helps to ensure that there is an "audit trail" that will support a defence should a dismissal result in an employment tribunal claim.

Dealing with issues at an early stage may prevent disciplinary action having to be taken later.

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