Probation extension due to absence letter template

What is this for?

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.

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:

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.