Employment law SOS: Extending probationary periods

Employers should be cautious about treating people in the same job role differently without valid reasons as this may lead to suggestions of discriminatory treatment. Probationary periods are usually extended due to reservations over an individual's performance and/or suitability. As such reservations cannot, reasonably, be held at the start of employment – a standard probationary period should be set for the job role and then, if necessary, this can be extended as appropriate. Setting different lengths of probationary period at the start of employment, without the chance to assess whether an extended period is needed, may give rise to allegations of discrimination – for example, that the difference in probationary periods is due to an employee's sex, race, disability, etc. The question to ask, therefore, is why do you want to treat this employee differently? If it is because there are concerns that this one individual is not performing to the required standard (whereas there are no such concerns over his colleague), then the standard probationary period can be extended in order to provide more time to assess his performance/suitability. The scope and terms of a probationary period are governed by the employment contract. Therefore the contract should reserve the right for the employer to extend the period. It is good practice to confirm the extension in writing to the employee as well as to clearly explain the reasons for the extension so the employee is aware of what is expected from him in order to meet the required standards and pass his probation.