Understanding the Probationary Period
When you start a new job, there’s often a period of time known as the probationary period. This is a time when both the employer and the employee get to know each other better, and it’s also a time when the employee is being evaluated to see if they are a good fit for the role. If, during this period, the employee is found to be unsuitable for the job, they may be dismissed. In this article, we’ll delve into the details of what happens when an employee is dismissed during their probationary period, particularly before 1995.
Legal Framework Before 1995
Before 1995, the legal framework surrounding employment and dismissals was different from what it is today. The Employment Rights Act 1996, which came into force on October 1, 1996, introduced significant changes to employment law in the UK. Before this, the law was less protective of employees, and the rights of employers were often more lenient.
During the probationary period, employers had more flexibility in terms of dismissing employees. They could do so without providing a reason, as long as they followed the correct procedures. This meant that an employee could be dismissed at any time during the probationary period, as long as the employer followed the correct process.
Procedures for Probationary Period Dismissal
When an employer decides to dismiss an employee during the probationary period, they must follow certain procedures. These procedures are designed to ensure that the employee is treated fairly and that the employer is not acting unlawfully.
Here are the key steps involved in dismissing an employee during the probationary period:
| Step | Description |
|---|---|
| 1. | Inform the employee of the proposed dismissal. |
| 2. | Give the employee a written statement of the reasons for the proposed dismissal. |
| 3. | Allow the employee a reasonable opportunity to respond to the proposed dismissal. |
| 4. | Conduct a meeting with the employee to discuss the proposed dismissal. |
| 5. | Consider the employee’s response and make a final decision. |
Reasons for Probationary Period Dismissal
There are several reasons why an employer might dismiss an employee during the probationary period. These can include:
- Underperformance: If the employee is not meeting the required standards of work, they may be dismissed.
- Unsuitability: If the employee is not suitable for the role, for example, due to a lack of skills or experience, they may be dismissed.
- Conduct issues: If the employee is guilty of misconduct, such as theft or harassment, they may be dismissed.
- Health and safety concerns: If the employee poses a risk to health and safety, they may be dismissed.
Legal Protection for Employees
Despite the more lenient legal framework before 1995, employees still had some protection against unfair dismissal. For example, if an employer dismissed an employee for an unfair reason, such as discrimination or whistleblowing, the employee could claim unfair dismissal.
However, the protection was not as comprehensive as it is today. For example, employees could only claim unfair dismissal if they had been employed for at least two years. This meant that employees who were dismissed during the probationary period were often unable to claim unfair dismissal.
Impact on the Employee
Being dismissed during the probationary period can have a significant impact on an employee. It can affect their confidence, their ability to find future employment, and their financial situation. It’s important for employees to understand their rights and to seek legal advice if they believe they have been unfairly dismissed.
Conclusion
Dismissing an employee during the probationary period was a more straightforward process before 1995. Employers had more flexibility in terms of the reasons for dismissal and the procedures to be followed. However, employees still had some protection against unfair dismissal. Understanding the legal framework and the procedures involved is crucial for both employers and employees.