Probation extension due to behaviour concerns letter template

Compliance

This Probation extension due to behaviour concerns letter template incorporates relevant UK laws and HR standards, including those listed below:

In the UK, completing a probationary period does not have any legal effect in and of itself. The probationary period is a contractual agreement between the employer and employee, and its purpose is to allow both parties to assess whether the employee is suitable for the role.

When extending an employee's probation due to performance concerns, there are several UK employment laws and regulations to consider. Some of the key employment laws to consider include:

1. The Employment Rights Act 1996: This law sets out the requirement for employers to provide employees with written reasons for any dismissal, including dismissal during a probationary period. If an employee's probationary period is being extended or they are being dismissed following unsuccessful completion of their probation, the employer must ensure that they provide written reasons for their decision.

2. The ACAS Code of Practice on Disciplinary and Grievance Procedures: This code sets out best practice for handling disciplinary and grievance procedures in the workplace. Employers should ensure that they follow the code's guidance when extending an employee's probation due to performance concerns, including providing clear and concise information about the reasons for the extension, the duration of the extension, and any support that will be provided to help the employee improve their performance.

3. The employee's contract: Employers should ensure that the terms of the employee's contract are reflected in the decision to extend the probation, including any agreed probationary period and any relevant terms and conditions of employment.

4. The Equality Act 2010: This law prohibits discrimination against employees on the basis of protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Employers should ensure that the decision to extend the probation due to performance concerns does not discriminate against any employee based on any of these characteristics.

5. The employer's own policies and procedures: Employers should ensure that they follow their own policies and procedures relating to performance management and probationary periods.

It is important for employers to ensure that the decision to extend an employee's probation due to performance concerns is fair, consistent, and compliant with all relevant employment laws and regulations. Employers should provide clear and specific guidance to the employee on what they need to do in order to improve their performance and what will happen if they fail to do so. Employers should also provide the employee with any necessary support or accommodations to help them improve their performance. Finally, employers should ensure that the employee has had the opportunity to ask any questions or raise any concerns about the decision to extend their probation.