If, at the end of the probationary period, the employee’s performance is unsatisfactory – or in cases where you or the employee have been absent from the workplace for an extended period during probation – an extension of the probationary period may be appropriate.
An extension will normally be appropriate only where there are special circumstances justifying it, as the employee may well be disappointed by any extension, although it should not come as a surprise. You should also be confident that any extension is likely to lead to an improvement in the employee’s performance, otherwise it may be a waste of time.
Consult with HR prior to any decision to extend an employee’s probationary period.
There is no typical extension period. It will depend on the reason, for example, it may be a matter of a couple of weeks if a training course is booked for the employee to complete successfully. If there is a more significant issue, it may need to be longer. Check your employee’s contract to see how long you can extend their probation period.
Where you agree an extension to a probationary period, ensure that you set out the terms of the extension in writing. Work with HR to confirm the terms of the extended probationary period.
It will be important to state clearly:
- the length of the extension and the date on which the extended period of probation will end;
- the reason for the extension – for example that the employee’s performance has fallen short of certain standards, but you reasonably believe that an extension of time will be effective in allowing them to achieve these standards;
- the performance standards or objectives that the employee is required to achieve by the end of the extended period of probation;
- any support – such as further training – that will be provided during the extension; and
- that if the employee does not meet fully the required standards by the end of the extended period of probation, their employment will be terminated.
It is not advisable to extend an employee’s period of probation more than once unless there are exceptional circumstances (for example you have a period of absence from work which makes it difficult to assess the employee’s performance).
