Probationary periods are frequently used for new employees, but also can be applied for those redeployed or promoted within the same organisation. If this is the case, a probationary period needs to be clearly communicated to the employee. This can be done by including a probationary clause in the newly issued contract of employment, but it is best practice to also reiterate this verbally to the employee to ensure they understand the length and nature of their probationary period. The employee must then satisfy the employer of their suitability for the role before the new contract is confirmed.

By entering into a probationary period, the employer is expected to conduct a reasonable appraisal of the employee’s performance, and to bring any inadequacies to their attention so that they are given opportunity to improve (as set out in ILEA v Lloyd 1981 IRLR 394 (CA)). The employer will then decide whether the employee will be confirmed in the post, dismissed, revert back to their previous role or have their probationary period extended. Employers should note that the probation clause in the employee’s contract should set out the timeframe for extending probation.

Employers should carefully consider the re-deployed employee’s length of service if they are extending the probationary period. This is because the employee may have more than one year’s continuous service with the employer, taking into account their previous role. This means that the employee would have sufficient service to bring an unfair dismissal claim against the employer.

As with any probationary period, it is important to monitor the employee’s progress during and ensure that they are provided with regular feedback.