Extending a probationary period after it has expired

Can an employer extend the probationary period? What happens end of probation period? When to use probationary periods? Can a probationary period help avoid performance issues later?

If the probation period clause in their contract does not specify your right to extend the probation period , there are three options available to you at the end of the period of probation : Pass the employee and confirm their employment Fail the employee and dismiss them Try to agree on an extension.

Agree an extension : employees may agree to vary their contract to extend the probationary period , as this offers them an opportunity to prove their value to the employer. If this option is being considere we recommend ensuring that the discussion happens in good time before the original probationary period expires. If the probationary period expires without the employer taking action to dismiss the employee or to extend the period , the employee will be presumed to be confirmed in the role, and will therefore be entitled to any extended contractual notice period that applies on passing probation. It is only possible to unilaterally extend a probation period where the employer has the contractual right to do so.

Any extension (including the circumstances where it can be made and the length of time that it can be extended for) must be within the circumstances set out in the contractual right to extend. Extending a probationary period Of course , there will be some occasions where an employer might need a little more time to assess an employee’s suitability for the role. To that en the probationary period clause should expressly state that the employer has the right to extend the probationary period by the same period again.

Tip – As part of the probation process, you should carry out a final review, but the law allows you to do this after the probation period has expired where you’ve reserved this right and the final review is carried out in a reasonable time.

It cannot be retrospectively extended if there is an express clause within the contract. The EAT, in Przybylska v Modus Telecom Lt has found that an employer cannot imply a contractual term to extend a probationary period in order to carry out a performance review. Where the employee has been absent from the workplace for a significant proportion of the probationary period , for example on sickness absence, an extension of the probationary period may be necessary to allow the employer to evaluate their performance over a reasonable period of time. There is no law specifying the length of a probationary period but it should be reasonable and is usually for a period between three and six months.

An extension should normally be granted only where there are special circumstances justifying such a course and can only be made before the end of the original probationary period. Extensions can be granted for a maximum of two further months, to cumulate in a maximum of eight months’ probation. At the moment the term and mindset of probationary period has no legal significance.

In June (all else being equal) that will change, as the unfortunate term (which I personally dislike intensely for its associations with criminal punishment, at a time when our outlook should be welcoming and supportive) is being formalised in statute to identify an initial period in which LIMITED. In employment law, even if a new employee has ‘passed’ whatever probationary period applies, they still risk dismissal, even whimsically or otherwise unfairly on the part of the employer until they clock up 1weeks continuous employment. It is common for probationary clauses to contain a power for the employer to extend the probationary period in appropriate circumstances but, this comes down to how the clause is drafted.

If there is no such wording in the contact then the employer can only extend probation by agreement. Even if the employees’ performance become unsatisfactory after the shortening of probation period , if the shortened probation period has expired , the employer is not allowed to terminate the. In Robinson v Burchall, Pettingill AJ stated that “the law on probationary periods is quite clear…and an employee cannot be placed on a probation period once an initial period has expired , which was for a month in this instance, without the employer giving prior notice of the intention to extend the probation , even in circumstances where. It is key that they adhere to holding the final probationary review and taking the appropriate action - confirming the employee in the role, terminating his or her employment or extending the probationary period - before the agreed probationary period has come to an end. In fact, at one time or another, this word applies to us all.

We investigate why… What is a probation period ? It is, essentially, a safety net for employers after the recruitment stage is complete.

The probation period is a mutually agreed upon duration of time (typically anywhere between one and six months) in which your. There is a probationary period of months for new employees and new roles for which you will be entitled to weeks notice. The disciplinary scheme in terms of dismissal will not apply during this period.

This job has a probationary period lasting six months. However, at my six-month review, my manager said that she was extending my probationary period an extra six months, without much explanation. I was rated as “meets expectations” in all but one area in my evaluation: I was rated as “needs improvement” in communication.