These guidelines apply to all ABERSU employees, except for student staff.
Purpose
The rationale for a probationary period is a trial period to ascertain suitability for the post, there is an obligation on the employer to take reasonable steps to maintain an appraisal of a probationer during a trial period, giving guidance by advice or warning where necessary. Groundwork put in at this stage will hopefully address any capability and/or conduct issues before further commitments are made. The standard Statement of Written Particulars for all employees has an explicit 6 month probationary clause. The reasoning behind this is that a consistent approach is applied throughout irrespective of the type and level of job undertaken.
Where fixed term contracts are 6 months duration or less then the probationary period will be deemed to cover the entirety of the contract.
Key Legislation
The legislation governing this Policy is contained in: ?
- Schedule 2 to the Employment Act 2002 Statutory Dispute Resolution Procedures transposed October 1st 2004 ?
- The standard statutory terms covering employment. This means for example, that probationers are entitled to written particulars of their employment terms under the Employment Rights Act 1996 sections 1-7, including details on disciplinary and grievance procedures.
Probation Guidelines
A probationary period should not be entered into without proper planning. In short you should plan a 6 month review, targets should be set and objectives outlined. Anyone to one probationary supervisions should use the relevant Probation review form, be and agreed by both line manager and probationer and be kept on file/online HR platform. Any shortcomings should be communicated and opportunities given to address any development needs. The practice of placing new employees on probation for an initial period has no effect on an employee’s continuity of employment. Length of service will be calculated from the day the employment contract came into effect.
Extension of a period of probation
As outlined in this policy, the probationary period is for a period of 6 months and is applied consistently throughout the organisation. However, we recognise that there may well be occasions when a mutual agreement on an extension to the probationary period could be in the interests of both line manager and employee or where an extension may be required. For example: ?
- When an unforeseeable absence on the part of either employer or employee has rendered the period of assessment too short for a fair and reasonable assessment to be made on performance. ?
- There are matters of concern with performance but rather than terminate the contract at 6 months a further time period is deemed a reasonable compromise to assess overall performance.
It is advised that an extension beyond 9 months is unlikely to be deemed reasonable.
Confirmation of a successful probation
The People & Wellbeing Manager will require confirmation of a successful probation, the completed Probation Review Form should be forwarded to the People & Welbeing Manager for conformation and uploaded to the HR System. Line Managers are responsible for confirming a successful probationary period with the employee.
Record Keeping
Managers should retain a copy of any written complaint or request relating to these Guidelines and will pass such copy to the People & Wellbeing Manager. The employment contract covering a probationary period can be terminated before that period expires by following the statutory dismissal procedure fully outlined below.
Disciplinary matters & dismissal during Probation
Matters of discipline during the first 8 months of employment will be dealt with under the statutory dispute resolution, summarised as follows:
Standard statutory dismissal and disciplinary procedure
(This is a summary of the statutory procedure which is set out in full in Schedule 2 to the Employment Act 2002)
This procedure applies to disciplinary action short of dismissal (excluding oral and written warnings and suspension on full pay) based on either conduct or capability. It also applies to dismissals (except for constructive dismissals) including dismissals on the basis of conduct, capability, expiry of a fixed term contract, redundancy and retirement.
1. Step 1
Statement of grounds for action and invitation to meeting
The employer must set out in writing the employee’s alleged conduct or characteristics, or other circumstances, which lead them to contemplate dismissing or taking disciplinary action against the employee.
The employer must send the statement or a copy of it to the employee and invite the employee to attend a meeting to discuss the matter further.
2. Step 2 The meeting
The meeting must take place before action is taken, except in the case where the disciplinary action consists of suspension.
The meeting must not take place unless:
i. The employer has informed the employee what the basis was for including in the statement under Step 1 the ground or grounds given in it; and
ii. The employee has had a reasonable opportunity to consider their response to that information.
The employee must take all reasonable steps to attend the meeting.
After the meeting, the employer must inform the employee of their decision and notify them of the right to appeal against the decision if they are not satisfied with it.
Employees have the right to be accompanied at the meeting by a Trade Union representative or a colleague.
3. Step 3 Appeal
If the employee wishes to appeal, they must inform the employer
If the employee informs the employer of their wish to appeal, the employer must invite them to attend a further meeting
The employee must take all reasonable steps to attend the meeting
The appeal meeting need not take place before the dismissal or disciplinary action takes effect.
Where reasonably practicable, the appeal should be dealt with by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting).
After the appeal meeting, the employer must inform the employee of their final decision.
Employees have the right to be accompanied at the appeal meeting by a Trade Union representative or a colleague.
Dismissal during probation
Modified statutory dismissal and disciplinary procedure (This is a summary of the statutory procedure which is set out in full in Schedule 2 to the Employment Act 2002)
Step 1 Grounds for action
The employer must set out in writing:
i. The employee’s alleged misconduct which has led to the dismissal;
ii. The reasons for thinking at the time of the dismissal that the employee was guilty of the alleged misconduct; and
iii. The employee’s right of appeal against dismissal. The employer must send the statement or a copy of it to the employee.
Step 2 Appeal
If the employee wishes to appeal, they must inform the employer.
If the employee informs the employer of their wish to appeal, the employer must invite then to attend a meeting
The employee must take all reasonable steps to attend the meeting.
After the appeal meeting, the employer must inform the employee of their final decision
Where reasonably practicable the appeal should be dealt with by a more senior manager not involved in the earlier decision to dismiss.
Employees have the right to be accompanied at the appeal meeting by a Trade Union representative or a colleague.