Claims of unfair dismissal during probation can be adversarial and emotive for both sides of the argument. But a poor fit during probation needs prompt handling. All the same, it needn’t involve drawn-out problems, rushed decisions, or avoidable risk.
After all, the last thing you want is allegations of unfair dismissal during probation. And thankfully, the risk is minimised by clarity, a fair process, and confidence in what to do next.
This article takes a deeper dive into key areas of the topic, including:
- Performance improvement plan
- Extending the probation period
- Using managed HR services in Manchester to mitigate risks of unfair dismissal during probation – or if a claim is instigated against your business
What is Probation and What Does it Help You Do?
Probation gives employers a defined period to assess whether a new hire is right for the role. It helps you address concerns early, implement a performance improvement plan if needed, and make sound decisions before problems worsen.
Notably, it’s not a legal requirement. But it’s a powerful contractual tool for assessing performance, conduct, attendance, and suitability for the role early doors.
It enables:
- Shorter notice periods
- Delayed access to specific benefits
- Formal review points
- A clearer route for early intervention
But it’s not an excuse for hiring and firing at will. Employees on probation still have statutory rights from day one, including:
- Pay
- Holiday entitlement
- Protection from discrimination
Accordingly, probation should be handled with care, because fair processes ease concerns and disputes about unfair dismissal during probation.
Set Early Expectations to Neutralise Unfair Dismissal Claims During Probation Later
Underperformance is harder to address when standards are vague. As a result, many probation issues start with poor communication.
So, make sure employees have the earliest access to key information like:
- Clear job description
- Defined duties and priorities
- KPIs
- Realistic understanding of what good performance looks like
- Diarised review meetings
Besides managing expectations with employees, this also gives managers a solid framework for feedback and decisions.
Make Onboarding Count
A weak induction can lead to avoidable problems, because it’s harder to judge performance fairly if someone hasn’t been properly trained.
For this purpose, a sound onboarding process should cover:
- Training on systems and procedures
- Introductions to key colleagues
- Clear explanation of responsibilities
- Early opportunities to ask questions
- Support suited to the role
This puts you in a better position to treat the issue as a genuine performance matter if concerns persist after a proper induction.
Review and Record Regularly
Regular reviews help you deal with issues before they become harder to manage. So, don’t leave them until the 11th hour.
And don’t forget to record the following things at each review:
- What’s going well
- Where standards aren’t being met
- Examples of any concerns
- Support provided
- Actions agreed, including a performance improvement plan if necessary
- Timescales for improvement or mutual agreement for extending probation period
At the end of the day, good record keeping helps offset claims of unfair dismissal during probation by demonstrating professionalism and know-how.
When to Design and Implement a Performance Improvement Plan
Not every probation issue leads to dismissal. In some cases, the employee simply needs clearer direction, more support, or firmer targets.
This is where a short performance improvement plan can come into its own by setting out:
- Areas of concern
- Standards required
- Support or training offered
- Next review dates
- Outcome if improvement isn’t made
This measure serves the following dual purposes:
- Helps the business show a measured approach
- Gives the employee a fair opportunity to respond
When is Extending the Probation Period the Right Move?
Sometimes the progress made isn’t enough just yet to make the appointment permanent. In such cases, extending the probation period might be the way forward if contracts allow.
Put the extension in writing and include:
- Reason for extending the probation period
- Length of the extension
- Improvements required
- Any further support being offered
- Date of the next review
These equitable common-sense measures keep expectations clear, avoiding confusion and the risk of allegations of unfair dismissal during probation.
Follow a Fair Process if Dismissal is Necessary
Dismissal might be the only outcome if an employee still isn’t suitable for the role. But the process still needs be fair and documented, even during probation.
To deliver this without inviting accusations of unfair dismissal during probation, a sound approach includes:
- Inviting the employee to a meeting in writing
- Explaining your concerns clearly
- Allowing them to respond
- Confirming the outcome in writing
- Setting out notice and appeal arrangements
This helps protect the business by putting you in a more defensible position if the decision is challenged.
When External Managed HR Services Make All the Difference
Once bitten, twice shy. This is why many businesses that’ve had a brush probation turn to managed HR services for help with future compliance. And many will tell you how their issues felt straightforward at first… until performance concerns, poor records, or legal risk entered the picture.
But prevention is always better than a cure.
At Taurus HR & Employment Law, our expert managed HR services help you take control early, apply fair process, and make better decisions.
We support you with practical advice, extending probation period decisions, performance improvement plan support, and protecting you from claims, while keeping the process fair.
Support extends across Greater Manchester, including:
- Bolton
- Cheadle
- Crewe
- Denton
- Eccles
- Manchester Piccadilly
- Oldham
- Rochdale
- Stockport
And if you’re concerned about unfair dismissal during probation, or a probation issue has already escalated? Get in touch for market leading support managed HR services and legal representation.