Probation, Disciplinary and Termination

Probation

The XL team stipulates a 6 month probation period. Although all staff goes through selection and recruitment, you can’t always tell from an interview how an employee will perform in a role, or whether they will fit in with an existing team. A probationary period lets both employee and employer see if the job is a good fit for both parties.

Performance reviews and supervisions are common during this period, as they give both the employee and employer an opportunity to discuss any concerns. These could and should be addressed with additional training and support.

At the end of the probation period all employees will have a formal review where an employee will either have their employment ended for not meeting the required standards, have their probation extended for a further period of time to allow the XL Team to further assess their ablilities or employees will pass probation.

Extending Probation Periods

This should say why the probationary period is to be extended, and for how long. This can be up to a further 3 months and should always be justifible so that the XL team have more time to assess the employees performance.

The XL Team cannot extend a probationary period for “protected reasons”. These include:-

Your ethnicity, religion or cultural background.
Your gender, age or marital status.

Passing Probation

All employees will have a formal review at the end of their probation period. If the employee has passed the probation period. They will be told face to face and recieve a letter confirming they have passed.

Failure to inform

If employees are not told during their probation period that it is to be extended, or that they have failed their probation, they are deemed to have passed by default.

Of course, a probationary period will be effective only if it is properly structured and effectively managed, with the employee's progress monitored and guidance given on a regular basis. This is a job that typically falls to line managers, who need to be fully aware of their responsibilities in this area. It is key that they adhere to holding the final probationary review and taking the appropriate action - confirming the employee in the role, terminating his or her employment or extending the probationary period - before the agreed probationary period has come to an end. Not doing so, and potentially allowing the employee to be confirmed in the position by default, will mean that the employee may become entitled to any contractual rights and benefits dependent on the satisfactory completion of a probationary period, including, potentially, a longer notice period.

Termination of an employment contract

An employee or employer can decide to end ('terminate') an employment contract. This may be done by:

an employee resigning
an employer dismissing an employee

Dismissal

A dismissal is when an employer ends an employee's contract. It usually means the same as being sacked or fired.

It's important that an employer uses a fair and reasonable procedure to decide whether to dismiss someone.

Before an employer dismisses an employee, they should:

believe they have a valid reason for dismissing them
follow a full and fair procedure in line with the Acas Code of Practice on disciplinary and grievance procedures
make a decision that's balanced, consistent and as fair as possible

If they do not, an employee could make a claim for unfair dismissal, even if the reason for dismissing them was valid.

Reasons for fair dismissal

By law (Employment Rights Act 1996), there are 5 potential reasons for dismissing someone fairly. These are:

conduct – when the employee has done something that's inappropriate or not acceptable
capability – when the employee is not able to do the job or does not have the right qualifications
redundancy – when the job is no longer needed
a legal reason – when the employee cannot do their job legally, for example a lorry driver who's banned from driving
'some other substantial reason' – a term used for a wide variety of other situations

Other substantial reasons could include things like:

a fixed-term contract ending
third party pressure, for example if a client refuses to work with an employee
an employee refusing to agree to new terms and conditions of employment

Gross misconduct

Gross misconduct is when an employee has done something that's very serious or has very serious effects.

Examples could include:

fraud
physical violence
serious lack of care to their duties or other people ('gross negligence')
serious insubordination, for example refusing to take lawful and reasonable orders from a supervisor

Giving the reasons for dismissal

If an employer dismisses an employee, they must tell the employee:

why they've been dismissed
when their employment contract will end
their notice period, if there is one
their right to appeal the decision

It's a good idea to put it in writing.

Disiplinary Pathway

All employees should be given 7 days' notice unless deemed gross misconduct which will be either with immediate effect or payment in lieu of notice.

The XL Team have a full and fair complaints procedure.

Resignation

Resignation is when an employee ends their employment contract. You might also call it 'resigning', 'quitting your job', or 'handing in your notice'.

When you resign, you are telling your employer you are going to stop working for them.

Enployees need to put their resgination in writing.

The Notice period for the XL Team staff is 4 weeks.

Responding to an employee's resignation

As an employer, you do not have to respond when someone resigns, but it's good practice to acknowledge it in writing.

Responding in writing can help to make clear:

you have received the employee's resignation
the employee's last day of work
the employee's final pay, including holiday pay and any deductions
anything you expect from the employee before they leave

As well as putting these things in writing, it can also help to discuss them with the employee. This can help avoid misunderstandings or disputes.

Exit Interviews

All Employees should be given an exit interview, this can either be done face to face to discuss the reasons, see hoe the XL Team can improve and develop or via the electronic form.

Final Pay

An employees final pay may be different to their usual weekly or monthly pay.

This might change because of things like:

how much holiday you've taken
money deducted for training courses

The resignation process for the XL team is:

Staff should email shared services their intention to leave the company.

Shared services will update the department management team and place the resgination in the employees HR file, The service delivery team will formally accept the resignation and arrange an exit interview with the employees direct line manager.

Final payment will be made to the employee on confirmation that the employee has returned their uniform and identifaction and that any employment requirements have been met.

References

References should be directed to shared services.

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