Probationary period
Probationary period. The start of employment during which either side may end it without giving a reason. Usually six months; twelve for some senior posts.
What it is
Probation is the first period of an employment relationship. During it, the employment may be ended at will by either side without giving a reason (Employment and Industrial Relations Act, Cap. 452, article 36(2)).
How long it lasts
| Situation | Probationary period | Provision |
|---|---|---|
| Standard | Six months | Art. 36(1) |
| Technical, executive, administrative or managerial positions with wages at least double the national minimum wage for that year | Twelve months | Art. 36(1b) |
| Fixed-term contract of 6 to 15 months | Two months for every six months of the contract | Art. 36(1a) |
| Fixed-term contract shorter than six months (where justified) | One third of its length | Art. 36(1a) |
| Fixed-term contract longer than 15 months | Six months | Art. 36(1a) |
| Renewal of a fixed-term contract for the same function and tasks | No new probation | Art. 36(1a) |
The parties may agree a shorter period. Probation is suspended during any two weeks or more of approved leave, and extended by the same length; it is unlawful to dismiss a worker while it is suspended (article 36(1c)).
Notice during probation
Once the employee has been employed for more than one month, a week’s notice must be given by whichever side ends the employment (article 36(2)).
Why it matters to a senior hire
Many senior roles fall within the twelve-month rule. During that year the role can be ended without a reason, so the termination terms in the contract, and any agreed exceptions to probation, deserve attention before you sign.