Probationary Period and what it means for your employment rights 

Well done! You're on the first day in your new job and have been presented your contract of employment by your beaming manager. All is going well until you scan down and notice a reference to a probationary period.

What on earth is the Probationary Period and what does it mean for your employment rights?

Getting through your probationary period

The fact is that there is plenty of advice available about writing strong CV, targeting your job search and impressing recruiters at interviews. Whilst these are essential to getting the job you want, there is another hurdle which is just as important to overcome: getting through your probationary period in the first few weeks or months of your new job.

A probation period lasts for three – six months

The concept of a probation period isn't new, but it's becoming more widely used in organisations. Usually, a probation period will last for three months, but in some cases it will last for six months. Employers can extend their probation periods for new staff as they wish. Additionally, they are within their rights to provide different pay and benefits packages to new staff during this probationary period and afterwards too.

A typical example would relate to pension contributions or a benefit such as private health care. Notice periods might be shorter. These benefits may be reduced during probation and when an individual is dismissed before they Complete this period, they will only be entitled to the minimum legal notice usually one week's pay plus outstanding holiday. 

However, there is an upside to this. If the job doesn't work out from your Perspective, you can leave without needing to work any notice period.

When you pass the probation period

The other important thing to know is that there is no change to your legal rights, even when you pass the probation period. If you started your job on or after the 6th April, 2012, the period before your full employment rights kick in has increased to two years, from one previously.

So for the first two years of your employment, your boss can dismiss you for almost any reason they want. There is an obvious exception to this rule in the form of any kind of discrimination (but primarily racial, sexual or age-based), for which your rights accrue from your first day.

In terms of determining what your employment rights are, you need to calculate your start date as the first day of employment rather than the end of your probation period.

What is expected of you during your probation period?

Certainly a good employer will define what is expected of you during your probation period and may even provide support, such as a mentor or training. If there is no such support forthcoming, however, be proactive and take steps yourself.

Some examples of steps that you could take to survive and even thrive in your new jobs probationary period are:

- Always being on time. - Build up a good relationship with team members in case they have an influence.

- Volunteer to help with special projects and generally throw yourself into your work so you start adding value from day one.

- Accept a mentor if you are offered one and then be proactive about making the most of their time.

- Have a positive attitude and seek to learn about the company, its culture and the way things are done.

- Make sure you live up to the claims you made in your CV and during the interview.

We hope this helps you get through your new job's probationary period.