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Probation Periods

I'm looking for some advice on Probation periods. The current policy we have for both support staff and teaching staff says six months probation period, but I have raised a concern that dependent on when the employee starts there probation period will be over holidays (Non working time), so should we be providing further clarity in the policy that says that this will be 36 working weeks?

One of my schools had a 6 month probation that was due to be reviewed in the summer holidays, so have had the probation review meeting before they have broken up. I'm concerned that this is a risk and could be challenged, as 6 weeks of that 6 months has been in summer holidays, so have they been given the same opportunity to demonstrate capability to that of a full year worker? Also, because they want to extend the probation for a further 3 months.

Many Thanks in advance for you advice

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  • You first need to ask yourself what is the point for you of probation periods and what do you get out of them. I won't rehearse the arguments over them having no basis in statute but merely being a vehicle for management but if you do a search you will find lots of debate. What do you do differently during a probation period (and why) than you don't after the end of it but before two years service is completed? Is this helpful to the employer? The manager?

    I would generally say that if you are going to use probation periods in a school environment then (if you have control over T&Cs) as far as possible I would link it to terms not months and have it always finishing at end of a term.

    On your specific issue I do not believe that there can be a successful challenge against your practice (to do it at the end of a term rather than in holidays) as whilst it may seem unfair its not unfair for a reason protected by law.
  • Hi Gemma, it depends whether you are following national terms and conditions or if you have consulted to move away from these.
    Under national terms and conditions, teachers are deemed to have passed probation once they have completed their NQT year.
    Are you in a MAT? It is unlikely that you have derecognised your Unions, in which case you will still be bound by these terms and conditions. While you can use different terms (including a probation period) on new starters, it is likely to provide unintended consequences like the ones you describe above.
    Do you have an active JCC? I would suggest doing some more digging into where these probation periods come from. I would also be expecting some kickback if this moves towards dismissal.
    Probation tends to be used infrequently and poorly in schools, even for support staff.