Probation – new starters
Probation
Know the process!
It is normal for new starters to be put on a six-month probation period on grades 2-5. This will be mentioned in the appointment letter you receive when you get the job. If you change jobs at the University you do not have to complete another probationary period, even if you go to a grade 6 or above role.
Click here to read the procedures for the Probationary Period as set by the University. (University of Birmingham login required)
Probation extension
Your probation can be extended by three months, and only three months, if necessary and justified in a Probationary Report, of which you should receive a copy. Your manager should flag any issues with you three months into the probation period to give you time to meet your targets. The final decision to extend should be made at a meeting with HR present and you are able to be represented by a union rep at this meeting. If this meeting hasn’t happened and you are told last minute that your probation will be extended, please contact Unison. You cannot appeal further against a decision to extend, but the objectives set during this period to improve need to be fair and achievable – you need to be given a fair chance.
Probation dismissals
The probation policy does provide the University with a route to dismiss an employee for poor performance during their first 6 months (or 9 months following an extension) in post. This should be a last resort and any employee needs to be given enough support, time and information to have a fair chance to learn the new role. The following are steps a manager would normally be expected to have tried before a dismissal would be seen as reasonable:
- Given clear objectives at the start of the probationary period to confirm what the employee needs to learn and the standard expected from them
- Given enough support to make sure they have a chance to actually meet the standard
- Raise any concerns about performance early and informally first – it should not come as a surprise to the employee that the manager thinks they are struggling
- Usually, it is more reasonable to extend a probationary procedure first, and give clearer objectives during this time to make sure the employee has a chance
It can be difficult to challenge probationary dismissals on legal grounds, because an employee needs to have worked for at least 2 years before being able to claim unfair dismissal. However, an employer still needs to follow a process, and employees could still have potential claims based on “day one” employment rights such as discrimination. If you think you are at risk of dismissal during your probationary period we’d definitely advise you to contact us for advice, which we can give entirely confidentially.
Sickness or disability
Previously, staff were not entitled to full sick pay during their probationary period but thanks to our negotiations with University management this is no longer the case and everyone at the University is entitled to full sick pay from their first day of employment.
Excessive sickness during ptobation can be used as a reason for extension of the probationary period – this can be challenged if it didn’t actually impact on your ability to learn and become capable to do the role. If your sickness is disability-related it’s important this is recorded properly, as it should not result in you being placed at a disadvantage as a result.