Probation extension due to absence letter templateReading time 4 minutes (inc. support info). Reviewed 14/03/2023.
Our Probation Extension Due to Absence Letter Template addresses prolonged absence during probation, ensuring fair and documented extension communication.
What is a Probation extension due to absence letter?
An extension letter clarifies the probationary period's extension reasons, holds the employee accountable for their absence impact on performance, and sets clear attendance expectations. It reassures the employee of support and serves as a formal record for evidence.
What are the best practice implementation milestones / timescales?
|Timing (Days from Decision)
|Review Absence Records: Assess the employee's absence record during the probationary period.
|HR / Supervisor
|Document Absence Concerns: Create a thorough record of the employee's absence patterns and impact on performance.
|HR / Supervisor
|Meet with Employee: Arrange a meeting to discuss the concerns and consider the need for a probation extension.
|HR / Supervisor
|Prepare Probation Extension Letter: Draft the letter outlining reasons, new probation end date, and expectations.
|HR / Legal Team
|Issue Probation Extension Letter: Provide the letter to the employee during the meeting to extend the probation.
|HR / Supervisor
What legal and best practice aspects should employers be aware of?
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 absence, there are several UK employment laws and regulations to consider. Some of the key employment laws to consider include:
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 absence does not discriminate against any employee based on any of these characteristics, including any disabilities or health conditions that may have contributed to their absence.
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.
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 absence, 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 successfully complete their probation.
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.
The Data Protection Act 2018: This law sets out the requirements for processing personal data, including employee data. Employers should ensure that they are complying with data protection requirements when extending the probation and that they obtain the employee's consent to process their personal data.
It is important for employers to ensure that the decision to extend an employee's probation due to absence 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 successfully complete their probationary period 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 successfully complete their probation. 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.
Probation extension due to absence [Delete this line]
Dear [Recipient first name],
I am writing to inform you that, following a review of your attendance during your probationary period, we have decided to extend your probationary period for a further [insert duration] months. This decision has been made due to concerns about your frequent absences from work, which we believe needs to be addressed before we can consider you for a permanent position.
We appreciate that you have been absent due to various reasons, including illness or other personal circumstances. However, we have noticed that your absence has been frequent and has had an impact on your ability to carry out your job duties effectively. It is important that our employees are reliable and able to attend work on a regular basis to meet the demands of the role.
During the extension period, we will be working with you to provide support and guidance to help you manage your attendance effectively. We will also be setting specific targets and objectives that we expect you to meet during this period. These targets will be regularly reviewed to ensure that you are on track to meet them.
We understand that an extension to your probationary period may come as a disappointment to you, but please be assured that this is a necessary step to ensure that you are able to meet the required standards of the role. We remain committed to supporting you and helping you to develop your skills and capabilities.
Please do not hesitate to contact your line manager or the HR team if you have any questions or concerns about the extension. We appreciate your understanding and look forward to working with you during the extension period.
You have the right of appeal against this decision. Your appeal should be directed to [Name | the HR Department | HR Services] within [number] days of receiving this letter. It should set out in full the reason(s) for your appeal.
Yours [faithfully | sincerely],
[Sender job title]
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