The purpose of a probationary period is to provide a suitable amount of time for an employer to assess an employee's suitability for their designated role. The length of a probation period will likely depend on the nature and seniority of the role, but a period of 3 – 6 months is commonplace.

It is important to ensure that regular meetings are arranged with the employee during the probation period. The meetings should be a two-way conversation, providing the employee with an opportunity to express any concerns about their role and also for the line manager to:

• give feedback;
• identify any necessary improvements; and
• take steps to assist the employee in meeting any identified improvements.

Meetings during the probation period can be formal or informal in nature but it is prudent for a record to be kept detailing what was discussed and any agreed action points.

While there is no legal requirement for Human Resources (“HR”) to be involved in probation meetings with an employee and manager, some employers may wish to have a member of HR present for the following reasons:

• It helps to ensure that employees are treated in a consistent manner;
• It can be helpful to line managers to have HR support; and
• HR could act in a “mediating” capacity should a disagreement arise between the employee and their line manager.

Specifically, employers may wish to consider involving HR in probation meetings if the employee is under-performing or causing problems in the workplace meaning that their employment will likely be terminated at the end of the probation period. However, not all organisations will have the resource to enable HR to attend probation meetings. This should not prove to be problematic provided that the manager conducting the probation review follows company procedure and keeps a clear record of the meeting.

Ultimately employers can exercise discretion in relation to procedure for probationary meetings. Nevertheless, employers should set out details of probation periods in their employment contracts or policy documents as this will assist managers (and HR) in ensuring that fair and consistent procedure is followed.