Q&As

For how long can a probationary period be extended?

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Published on LexisPSL on 08/11/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • For how long can a probationary period be extended?

For how long can a probationary period be extended?

An employer may choose to make the continued employment of a new recruit subject to the successful completion of a probationary (or trial) period by including provisions to this effect in the employment contract. The purpose of a probationary period is to allow both parties to test the suitability of the role to the individual and of the individual to the role (as the case may be), and to terminate the employment contract on shorter notice than would otherwise apply should it become apparent that things are not working out (subject to the stipulation, of course, that any such notice period must be not less than one week, to satisfy statutory minimum notice requirements).

While there is no law regulating how long a probationary period should be, there is an expectation that it must be reasonable. Generally, a probationary period is likely to be between three and six months, depending on the nature and

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