Terminating a probationary employee is one of the most sensitive tasks for any employer. Although the probationary period is intended to assess a new hire's fit, legal requirements must still be followed to avoid wrongful dismissal claims.
The Purpose of Probation
The primary goal of probation is to verify if the staff member has the required skills and cultural fit for the long term. Usually, this period ranges from 90 days to half a year. During this time, the employer can monitor behavior carefully.
Key Legal Considerations
Many people wrongly believe that employers can dismiss someone for no cause at all during probation. In reality, labor laws regularly stipulate a fair process.
Contractual Terms: Verify that the letter of offer clearly defines the duration of the probation and the termination requirements.
Performance Feedback: It is vital to provide ongoing updates so the employee knows where they are failing.
Discrimination Laws: Regardless of probation, termination cannot be based on discriminatory factors.
The Proper Dismissal Process
If it is evident that the new hire is not a good fit, using a formal approach is essential.
Maintain Detailed Records: Save notes of poor behavior. Documentation is key if a claim arises.
Provide Notice of Concerns: Provide the employee a chance to improve. In some cases, a simple conversation can fix the issue.
The Final Discussion: Hold a brief meeting to inform the individual of the outcome. Be firm but respectful.
What Not termination of probationary employee to Do
Preventing typical errors can save the company from legal headaches.
Waiting Too Long: If you delay until after the termination of probationary employee probation period is over, the employee might automatically acquire full employment rights.
Lack of termination of probationary employee Clarity: Guarantee that the expectations given to the probationer are the same as those given to others in similar roles.
Failing to Notify: Always, you must provide termination of probationary employee the contractual notice unless serious breaches.
Conclusion
The termination of a probationary employee is rarely pleasant, but it is sometimes necessary for the growth of the business. By acting with integrity and complying termination of probationary employee with local labor laws, management can manage these transitions smoothly. It is wise to consult an HR professional to confirm your procedures are up to date.