Probation period and Covid-19

[Guest]

Hi all,

I’ve just started at a new job with a 6 month probation period at fairly large company. Naturally, business is likely to slow over the next couple months as we struggle with consequences of Covid-19.*

My concern is that my job is at risk as I’m still on probation - can the business use my probation period to let me go even if the reason is 'lack of need' as opposed to 'poor performance'? Typically, the probation period would be used to analyse an employees performance but these are strange times.

Thanks in advance.
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[ULA]

These are indeed strange times. As you say probationary periods are normally used to assess someone's performance and whether they can they do the job or not.

Employment rights i.e. unfair dismissal do not apply until such time as someone has worked for 2 years unless the reason for the dismissal can be proven to be for a given circumstance i.e. discrimination. Therefore regardless of whether or not you are in your probation period a company can "fairly dismiss" someone without giving a reason so long as it does not fall into a precluded category.

Does your contract of employment allow for lay-offs or short term working?*
*

[D_Pappa]

Due to the fact that you have less than two years of service, unless there is any scope to attach a claim of discrimination, etc., your employer can be safe in the knowledge that you will not be able to bring a claim of unfair dismissal.

What effect does this have? Simple; your employer can lawfully terminate your employment at any stage, provided that:

• you are given a valid reason
• the employer has acted 'reasonably' in the circumstances
• the correct*notice, or pay in lieu of notice, is*given

If you'd worked for the company for 7 months and passed probation, you'd still be in the same position from an employment law standpoint.*

Understandably, this is a concern for many people right now, and I wish you both good fortune and job security.*