Probation Periods: What Employers and Employees Should Know

A probation period is commonly used when an employee starts a new position. It gives the employer an opportunity to assess whether the employee is suitable for the role while also allowing the employee to become familiar with the organisation and its expectations.

Probation should not be treated as a period during which an employee has no workplace rights or protections.

A properly managed probation period should have clear expectations, regular feedback and appropriate documentation.

What Is a Probation Period?

A probation period is an initial period of employment during which an employer assesses an employee’s suitability for the position.

The assessment may consider factors such as:

• Ability to perform the required duties;
• Quality of work;
• Attendance;
• Conduct;
• Reliability;
• Ability to work with others;
• Understanding of the role; and
• Progress towards agreed expectations.

The specific assessment criteria should reflect the employee’s position.

Why Do Employers Use Probation?

Probation can help an organisation determine whether a new employee is suitable for the role.

It also gives the employee an opportunity to understand:

• The organisation;
• Their responsibilities;
• Management expectations;
• Workplace practices; and
• The requirements of their position.

Probation should therefore be viewed as an assessment and development period rather than simply a mechanism for ending employment.

Is Probation the Same as a Temporary Contract?

No.

A probation period and a fixed-term employment contract are different concepts.

A probation period concerns an employee’s initial assessment.

A fixed-term contract concerns employment for a specified period or until a specified event or project ends, subject to applicable requirements.

An employee may be employed on a permanent basis while still being subject to a probation period.

How Long Should Probation Last?

There is no universal probation period that is appropriate for every position.

The appropriate period may depend on:

• The complexity of the role;
• The level of responsibility;
• The skills required;
• The time needed to assess performance; and
• The organisation’s employment arrangements.

The probation period should be reasonable for the circumstances and clearly communicated to the employee.

Setting Clear Expectations

An employee should understand what is expected during probation.

Expectations may cover:

• Key responsibilities;
• Performance standards;
• Work quality;
• Attendance;
• Conduct;
• Learning requirements;
• Targets; and
• Other role-specific requirements.

Vague expectations can make it difficult for both the manager and employee to assess progress fairly.

Probation and Performance Standards

Performance should be assessed against requirements that are relevant to the employee’s position.

For example, a sales employee may be assessed on agreed sales-related responsibilities, while an administrator may be assessed on accuracy, organisation and completion of assigned duties.

The assessment criteria should reflect the actual job.

Regular Feedback During Probation

An employer should not wait until the final day of probation to tell an employee that there are serious concerns.

Regular discussions can help identify problems while there is still an opportunity to improve.

A manager may discuss:

• What is going well;
• Areas requiring improvement;
• Support required;
• Progress against expectations; and
• Priorities for the next review period.

Probation Review Meetings

Review meetings provide an opportunity to formally assess progress.

Depending on the length of the probation period, an organisation may conduct:

• An initial review;
• An interim review; and
• A final review.

The exact structure should suit the organisation and position.

Documenting Probation Reviews

Documentation can help create a clear record of discussions and assessments.

Records may include:

• Review dates;
• Performance observations;
• Areas of concern;
• Feedback provided;
• Employee comments;
• Support offered; and
• Agreed actions.

Documentation should accurately reflect what occurred.

Supporting Employees During Probation

An employer should consider whether the employee has received the support reasonably necessary to perform the role.

Support may include:

• Training;
• Coaching;
• Guidance;
• Access to systems;
• Role clarification;
• Additional instruction; or
• Feedback from the manager.

An employee cannot reasonably be expected to meet requirements that have not been properly explained or supported.

Identifying Concerns Early

Managers should address concerns as they arise.

Examples may include:

• Repeated errors;
• Failure to meet reasonable work requirements;
• Poor attendance;
• Inappropriate conduct;
• Difficulty following instructions; or
• Failure to demonstrate required competencies.

Early intervention allows the employee to understand the concern and respond appropriately.

Probation and Extensions

In some circumstances, an organisation may consider extending a probation period.

An extension should not simply be imposed without considering the applicable employment arrangements and circumstances.

The employee should understand:

• Why the extension is being considered;
• What concerns remain;
• What improvement is expected;
• How progress will be assessed; and
• When the next review will take place.

Appropriate advice should be obtained where the proposed extension creates legal or contractual concerns.

Probation and Confirmation of Employment

At the end of probation, an organisation may make a decision about the employee’s continued employment.

Possible outcomes may include:

• Confirming the employee’s appointment;
• Continuing assessment where appropriate; or
• Taking another appropriate employment decision.

The outcome should be based on the circumstances and applicable requirements.

Can an Employee Be Dismissed During Probation?

Probation does not mean an employee can simply be dismissed without a fair process.

Where an employer is considering termination because the employee has not met the required standard, the employer should consider the applicable employment requirements and provide the employee with an appropriate opportunity to respond.

The exact process depends on the circumstances.

Probation and Poor Performance

Poor performance during probation should be distinguished from misconduct.

Poor performance generally concerns the employee’s inability or failure to meet the required performance standard.

Misconduct generally concerns inappropriate behaviour or a breach of a workplace rule or obligation.

The appropriate management approach depends on the nature of the concern.

Probation and Misconduct

If the concern involves misconduct, the employer should not automatically treat the matter as a performance issue simply because the employee is on probation.

The organisation should identify the nature of the alleged conduct and follow an appropriate process.

Probation and Attendance

Attendance can form part of a probation assessment where attendance is relevant to the role.

However, managers should distinguish between:

• Unauthorised absence;
• Approved leave;
• Legitimate reasons for absence; and
• Other circumstances affecting attendance.

Attendance concerns should be assessed based on the actual circumstances.

Probation and Workplace Conduct

An employee’s conduct may be considered during probation.

Relevant considerations may include:

• Professional behaviour;
• Compliance with reasonable workplace requirements;
• Interaction with colleagues;
• Treatment of customers; and
• Adherence to applicable workplace standards.

Conduct concerns should be addressed consistently.

Probation for Internal Promotions

Probation is not limited to newly recruited employees.

An organisation may have arrangements relating to employees who move into different positions.

For example, an employee promoted into a supervisory position may require a period of assessment to determine whether they can successfully perform the new responsibilities.

The organisation should clearly communicate the terms applicable to the move.

Probation and Training

Training can be particularly important during probation.

A new employee may be capable of performing the role but unfamiliar with the organisation’s systems and processes.

Managers should distinguish between:

Lack of ability

and

Lack of familiarity with the organisation’s processes.

Appropriate training can help determine whether a problem is genuinely related to capability.

Common Probation Mistakes

Treating probation as a free trial

Employees do not lose their employment protections simply because they are on probation.

Waiting until the end to provide feedback

Problems should be addressed as they arise.

Using vague standards

Employees need to understand what is expected.

Failing to document discussions

Important performance discussions should be appropriately recorded.

Not providing reasonable support

Employees need appropriate guidance to understand and perform their roles.

Extending probation without proper consideration

Any extension should be handled carefully and consistently with applicable arrangements.

Confusing performance problems with misconduct

Different problems may require different approaches.

Assuming dismissal is automatically easier during probation

The organisation should still consider applicable employment requirements and fair process.

A Practical Probation Review Structure

A simple probation review can consider five areas:

1. Role Understanding

Does the employee understand their responsibilities?

2. Performance

Is the employee meeting the required standards?

3. Conduct

Is the employee meeting expected workplace standards?

4. Development

What additional training or support is required?

5. Overall Assessment

Is the employee progressing appropriately towards the requirements of the role?

Probation Review Questions

Managers can ask:

• Does the employee understand their responsibilities?
• Are required tasks being completed?
• Is the quality of work acceptable?
• Has appropriate training been provided?
• Are there recurring concerns?
• Has feedback been provided?
• Has the employee had an opportunity to respond?
• What support is required?
• What should happen during the next review period?

Probation Checklist for Employers

☐ Clearly communicate the probation arrangement

☐ Explain role expectations

☐ Establish relevant performance standards

☐ Provide necessary workplace resources

☐ Provide appropriate training

☐ Conduct regular reviews

☐ Provide constructive feedback

☐ Address concerns promptly

☐ Document important discussions

☐ Allow the employee an appropriate opportunity to respond to concerns

☐ Assess progress against reasonable requirements

☐ Make an appropriate decision at the end of the probation period

Final Thoughts

A probation period should provide a structured opportunity to assess whether an employee and organisation are a suitable fit.

It should not be treated as a period during which normal employment responsibilities disappear.

The strongest probation processes are clear, consistent and supported by regular communication.

Employees should understand what is expected of them, while managers should provide appropriate feedback and support throughout the assessment period.

Where concerns arise, they should be addressed early rather than being left until the end of probation.

Frequently Asked Questions

What is a probation period?

It is an initial period during which an employee’s suitability for a position is assessed.

Does probation mean an employee has no rights?

No. Being on probation does not mean that an employee has no employment protections.

How long should probation last?

The appropriate period depends on the position, organisation and circumstances.

Can probation be extended?

An extension may be possible in appropriate circumstances, but it should be handled carefully and consistently with the applicable employment arrangements.

Should employers provide feedback during probation?

Yes. Regular feedback can help employees understand expectations and address problems early.

Can an employee be dismissed during probation?

Employment may be terminated in appropriate circumstances, but probation does not automatically remove the need to consider applicable employment requirements and fair process.

Should probation reviews be documented?

Maintaining appropriate records can help both the employer and employee understand what was discussed and what actions were agreed.

Is probation the same as a fixed-term contract?

No. Probation concerns an assessment period, while a fixed-term contract concerns employment for a specified period or until a specified event.

Disclaimer

This article is provided for general informational and educational purposes and does not constitute legal advice. Employment decisions should be considered according to the specific circumstances and applicable South African employment requirements. Where an employer is considering termination, a probation extension or another significant employment decision, appropriate professional advice should be obtained.

Devhulon Business & People Solutions provides HR consulting and people-management support to businesses seeking practical assistance with employee management, HR processes, workplace procedures and broader people solutions.