Trial and Probation Periods
Trial Periods
A trial period allows you time to see how a new person performs on the job and whether they fit into the team.
- You can employ new employees on a trial period of up to 90 calendar days.
- You can’t put an employee on a trial period if you’ve previously employed them.
- A trial period can only be agreed on once for each employee.
- During the trial, you can give notice to dismiss the employee without them being able to take a personal grievance for reasons of unjustified dismissal against you.
- Record the details of the trial period in the employment agreement. Don’t forget to add in a termination of trial clause at the end of the agreement.
Probation Periods
A probationary employee is a permanent employee who is yet to be confirmed in their position and the probation period provides time for this to occur. The period should only be long enough for the employee to demonstrate their suitability for the job.
- Record in writing the duration of the probation period, what you expect from your employee, and what you’ll provide to help your employee achieve these expectations.
- Probation periods may be extended if both parties agree.
What you must do
- Negotiate a trial or probation period in a fair way with your new employee.
- Follow the minimum employment rights regarding pay, conditions, holidays and leave, and health and safety during a trial or probation period. For more information see the Employment Relationships booklet.
- Consider and respond to any issues raised by the new employee during their trial or probation period.
- Ensure you clarify your expectations first and give employees the resources, support and training they need to succeed.
What you could do
- View the Employment Agreement Builder for examples of probation and trial period clauses.
- Meet with the new employee frequently to talk about how they are getting on and to check if there is anything else they need to be successful in their role.
