advice on probationary periods

[misshardbroom]

If you're employing someone and they are on an initial (4 month) probation period, and they're just not measuring up, what can you do about it?

The contract states that during the probation period, either party need only give 1 week's notice.

However, it doesn't state the grounds on which (as the employer) you can give them their one week's notice. Do I need to go through all the full disciplinary procedure or can you just say 'sorry, it's just not happening?'

(or more articulate, professional words to that extent )

Help. Can't end up with a tribunal, I just can't face it.

have you got detailed records of the employee's progress / lack of it, and given them clear instruction on how to improve which they have failed to follow? If you advise them that they are required to do x,y and z and they do little or nothing, then you can get them back in and inform them that these things are still not adequately performed, then written warning, then bye bye. whole process three weeks max. Have unfortunately been in the position of doing this with several probationers over the years ... never ones that I'd appointed, funnily enough

BTW, a helpful course of action, should you not be happy with an employee but have insufficent grounds for dismissing them, is that you can extend their probation, perhaps by another four months [we work on initially 6mths probationary period then add another six months if someone is completely failing to make the grade] This serves two purposes in that it conveys to the employee how serious the situation is, it gives them chance to work hard and improve their performance, and should all of this appear unsuccessful it gives the employer time to gather sufficient evidence of poor performance/attendance/whatever is the cause for concern.

erm, two points turned into three

they can't take it to a tribunal with less than 1 yr service, regardless of probation period. so you can do what you like really, ie give a week's notice.

however, a decent employer would make some effort to help the employee improve first, so will tend to use whatever policy they use for other staff with over a year's service. this would perhaps be shortened though. where i am we skip a couple of steps so can put probationers straight to a final written warning. one chance basically, while others get 3 chances.

Yes, this is the course of action I've followed in my previous corporate life. What's worrying me somewhat about this situation is that the employee in question is in a 'customer-facing' role: she's directly responsible for the care of children and liaising with their parents, and we've already received numerous verbal and one written complaint about her. The rest of the staff are on the point of mutiny and I'm concerned that by playing fair by her and giving her more opportunity to correct the situation, we will end up losing children & losing other good staff.

(it's a nursery, btw. Did you figure that part out?!? )

give her a weeks notice. job done.

So... sorry to sound really dimwitted about this, but:

1. She's been there less than 12 months so she can't take us to a tribunal unless on grounds of discrimination (which it isn't).

1. While it would be good practice to give a written warning, plan for improved training, look for an alternative role for her, extend the probation period etc., we aren't obliged contractually to do so.

am I right?

yup. call her for a meeting. show her complaint letter, discuss other complaints and document discussion. (don't have to though) issue her with a weeks notice.

Completely correct AFAIK. I work in care setting too so we are not far removed. The fact that you have complaints about her should give you enough bullets to fire - excuse the pun
does this help?

Thank you all so much, this has been really helpful.

y'r welcome