Many employers prefer to subject new employees to a period of probation – indeed, there are many advantages to this approach. Hidden advantage. It's worth noting that MLP Law, in it's advice to employers, states that: Firstly, it is necessary that the right to extend the probationary period is specifically reserved in the employee’s contract of employment. To that end, the probationary period clause should expressly state that the employer has the right to extend the probationary period by the same period again.
A probation period is almost always advisable. Extension of probationary period must be made within the probationary period Shepherd and Wedderburn LLP United Kingdom October 12 2007 The EAT, in Przybylska v Modus Telecom Ltd, has … On my contract it states your probation period can be extended during your probation or ON the date of expire so how can it then be extended 5 days after it expired and be valid. If it doesn’t, the employee will be deemed to have passed their probation once the probationary period has expired, and the employer cannot then compel the employee to agree to an extension. EE has now been put on a performance plan and may not pass it. Some, but in our experience not all, contracts deal with extending the probationary period. But what’s the legal position if you do nothing at the end of it? "We have an employee who is due to complete their 6-month probationary period, and we would like to extend it. I am unsure about the duration of the extension and how to go about extending it. Probationary Period – What Happens If You Do Nothing . For example, your employer may want to extend your probationary period in order to have more time to assess your performance. Wouldn’t extending it on a ‘general purposes’ extension after it had already expired in this manner create a gap in the probation? This way, the defendant’s conduct is always subject to compliance with probationary rules. When this happens, our client faces punishment for violating probation, or if … Some, but in our experience not all, contracts deal with extending the probationary period. she has a two month notice period on her contract and a one week notice period for her probation period. Our local practice has the judge’s extending probation enough to cover any ‘gaps’ so that any extension starts on the date of the previous expiration . However, they can only do this if your contract has a term which says your probationary period can be extended under these circumstances. This is a very common question employers ask themselves after having employed a new staff member who may not be suitable for the business. However, as mentioned above, if an employee continues to be engaged after a 6 month probationary period (or 12 months for small business employers), they are considered to have completed their minimum employment period and therefore have full access to the unfair dismissal laws. Notice probation period wording There is a probationary period of 6 months for new employees and new roles for which you will be entitled to 1 weeks notice. Put simply, it is a specified period of time during which the employer has the opportunity to assess the employee. A probationary period is a tool for employers to use to assess whether an employee is suitable for the role they are employed to perform. How do I handle it?" In our experience, it is quite common for someone on probation to violate the terms of probation, resulting in the judge revoking probation. Think of it as more time for an employee to meet their targets. Some employees take longer than others to show their abilities at work. Given this it is strongly encouraged to evaluate an employee's performance and their suitability for the role before the … What is a probation period extension? This is normally stated to be at the employer’s discretion, whereby probation can be extended for a set length of time. Probation Violation After the Probationary Period Ends?
Can I extend an employee's Probationary Period? Before we answer this question, it is best that we explain the purpose of a probationary period. What reasons are there for extending a probation period?