Hello,

I am currently dealing with a scenario where a probation was paused due to on-going sickness (pregnancy related). The employee did not return to work and instead started maternity leave. They were here a total of 2 months before this, meaning as a business we were unable to assess performance.

The tricky bit comes where a letter confirming 'paused probation' was sent to this employee 4 months after they left to start their Mat Leave. It is now up for debate whether this was paused in an untimely fashion. Nothing notified the employee before this letter, however contractually they have a probation. 

Where do we stand with paused probations, as this is such a grey area, and there are no strict legal precedents. 

What are your thoughts on pausing probations?