Is probation any use?


We advise if you intend the new start to be on a probationary period, then this must be expressly written, ideally in the contract of employment.

Author: Roxanne Bradley
Reading time: 2 minutes

This article is 6 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Some employers assume all their employee’s are on a probationary period when they first start the new role.

We advise if you intend the new start to be on a probationary period, then this must be expressly written, ideally in the job offer and the contract of employment. If you include a carefully worded probation period clause then it can make it clear during the probationary period, the disciplinary or capability procedure does not apply and the employee has no right of appeal should they be dismissed during it.

Further, a probation period will make the new employee aware that their performance is under constant review and they are at risk of losing the job if their conduct or performance is lacking.

It is important at the end of the probation period to either confirm the employment, apply an extension (you will need valid reasons for doing so) or terminate the employment if things are not going as planned.

If you forget to have a review once the probation is completed, it will be deemed the period is completed. The longer the delay is for carrying out the review, the more difficult it will be to rely on the shorter notice period in the probation clause.

Roxanne Bradley

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.