In order to give the employee a fair opportunity to learn a new role, the employer will normally allow the employee until the end of the probationary period before taking a decision to terminate employment. However, if it is clear that the employee is wholly unsuitable for the role, a decision to terminate employment during the probationary period may be taken.
You should inform the employee of the reasons why employment has not been confirmed and give the right of appeal against this decision. The outcome must be recorded in the HR system and the employee provided with a letter detailing the decision, reasoning, notice period and entitlements.
It is important to work with HR on this prior to confirming the decision with the employee. This is to ensure that all legal requirements are met, documentation and record keeping is in place and ultimately that there is no basis for the employee to make a claim against the company.
