Can you extend a probation period?

Can you extend a probation period?

Author
Discussion

Marcellus

Original Poster:

7,119 posts

219 months

Friday 2nd October 2015
quotequote all
The background is that someone comes out of the army and gets a job which they're not really qualified for for the MD "feels there's something there and we should try and help"

The person struggles to make the transition from army to civvy work but does work well sometimes however has quite a bit of "time off" due to sickness.

In one of the return to work interviews it becomes apparent that he suffers depression and possibly post traumatic stress.

It's approaching the end of his probabtion period and the MD still wants to help and still feels there's something there that could be an asset but reality is he hasn't performed to pass his probation.

Possibky the easiest thing is to let him go as the company isn't big enough to take on the potential liability or to extend his probabtion period to see if he's given a chance whether he comes good.

So the question is are you able to extend a probation period with specific targets one of which being attendance or is it a minefield and one probably not worth the risk?

mad4amanda

2,410 posts

164 months

Friday 2nd October 2015
quotequote all
Certainly you can and attendance is probably one of the best reasons to do so. It needs to be confirmed in writing before the end of the initial period and should not come as a surprise to the individual and be documented by minutes of review meetings and return to work interviews.

Edited by mad4amanda on Saturday 3rd October 06:26

Countdown

39,864 posts

196 months

Friday 2nd October 2015
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Further to what M4A said, I'd also consider drawing up a support plan to try and address the issues causing the "problem".

The issues need to be clearly documented. The targets (he needs to achieve) and the timescales for achieving need to be very clearly defined. And the support plan mentioned above also written down.

Sy1441

1,116 posts

160 months

Tuesday 6th October 2015
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A probation period has no legal standing, it's just used as a set framework to ensure an employee is suitable for the role and that all recruits are treated fairly and equal.

Sounds like the MD feels a duty of care towards the individual probably due to his background. Commendable, however potentially not in the next interests of the business.

aspender

1,306 posts

265 months

Tuesday 6th October 2015
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Probably the only material impact of the probation period ending is the amount of notice you/he needs to give goes up. Otherwise you can get rid anytime in the first two years easily enough, as long as there's no possibility of it coming back as constructive dismissal.

p4cks

6,909 posts

199 months

Thursday 8th October 2015
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Extend the probationary period and set some clear, achievable targets which need to be hit in the following period (normally 3 months).

This should either give him an opportunity to acknowledge and address his under-performanc. At the end of the extension you sign him off or let him go but be sure to tell him the implications at the start of the extension so that you're managing his expectations.

mph1977

12,467 posts

168 months

Friday 9th October 2015
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be very careful as depression and PTSD could well be a condition which falls unfder thedisabiloity discrimination provisions of the Wquality Act, something which is protected in employment law from day 1 ...

last manager that got that wrong that i am aware of cost his then employer about 12k in a compromise agreement ...