Probation

Last updated 3 January 2024

All new staff appointed by the University serve a probationary period, the duration of which is specified in the Contract of Employment and conditions of service.

Managed effectively, the probationary period serves a two-fold purpose. It allows the probationer to find their feet in a new job within the context of a supportive framework whilst allowing the University, as the employer, to be assured that the new member of staff is "up to the job". In the majority of cases, the probationary period is completed entirely satisfactorily, and the appointment is confirmed.

However, in a very small number of cases problems arise which, if not capable of resolution, may lead to an extension of the probationary period or dismissal. It is the aim of these documents to provide guidance so that all probationers and their departments find the probationary period as productive as possible.

Throughout this document, reference to “days” means calendar days, but bank holidays and University closure days will not be counted.

1. Guidance Principles

1.1 These procedures will apply to all newly appointed staff. The applications of probation for all newly appointed staff cannot be waived.

1.2 These procedures do not apply to existing staff (who have already satisfactorily completed a period of probation) when changing roles within the University. Conduct and/or capability concerns regarding existing staff should be handled through the University's capability and disciplinary procedures.

1.3 In the unusual circumstances where newly appointed staff change roles prior to completion of their probation period, the probation period will carry over into the new role and may be extended in accordance with this policy in order to allow sufficient time for review within the new role.

1.4 All newly appointed staff are required to undertake mandatory training during the probation period. Completion of probation cannot be confirmed until these courses (many of which are online) are completed.

1.5 In Academic staff (RTE) are subject to a probationary period of 12 months (as determined by the appointments committee) and are supported through the activities set out within the New Lecturer Programme (NLP).

1.6 Probation is intended to:

  • Give the new staff member structured support when starting a new role.
  •  Provide the University with the means to assess the suitability of the new staff member for the post.
  • Provide both the University and the new staff member with the means to raise any work-related issues and resolve them where possible.

1.7 To give the University’s investment in the new staff member the best possible chances of success, support will be provided by regular meetings with the probation advisor (for academic staff (RTE), the academic advisor will fulfil this role). The discussions in these meetings are intended to be two-way, providing both parties with the opportunity to agree objectives, to monitor overall progress and to raise relevant issues and concerns.

1.8 Upon satisfactory completion of probation, the new staff member’s employment will be confirmed. Ongoing support and review of progress will continue under the University’s Performance and Development Review (PDR) scheme. For Lecturers in the RTE job family, they will be required to complete the New Lecturers’ Programme which can be found below.

1.9 Before an appointment can be confirmed, the new staff member must be deemed capable of performing the duties of the post satisfactorily, have demonstrated the required standard of conduct and attendance and have attended all mandatory training.

1.10 Every effort will be taken to provide newly appointed staff with support (training, resources etc), where issues are raised. However, action may be taken if it is judged that they are not suitable to be confirmed in post due to unsatisfactory progress, misconduct, lack of capability through ill health, or some other substantial reason.

1.11 As a matter of good practice, probation reviews should be conducted with sensitivity and objectivity and managers are reminded of the law around discrimination. To that end, if performance issues are identified, managers need to consider if any reasonable adjustments could be made to the job or work environment which may resolve the problem.

2. Length of Probation

2.1. The length of probation will be set by the recruiting manager or Chair of the appointment panel for a period of between one and twelve calendar months. In setting the period of probation, the Chair should take account of the relevant experience of the individual and the opportunity to demonstrate competence in the role. As a guide, probation for Grades 1-5 would normally be up to 6 months, for Grades 6 and above between 6 – 12 months, and for academic staff (RTE) a period of up to 12 months.

2.2 During the probation period, the notice period of both parties for staff on Grades 1-5 shall be a maximum of one calendar months’ notice, for Grades 6 and above three calendar months’ notice.’ For Research Associates/Assistants and Senior Research Associates, one calendar months’ notice is required.

2.3 Probation should only be extended where there are mitigating circumstances, such as sickness absence which has a significant impact on attendance and / or performance.

Where there are external factors which prevent duties being covered, or where other concerns impacting performance and /or attendance have been raised this may still result in an extension to probation. In all these situations, the advice of HR should be obtained about whether to request an extension to probation.

2.4 Any period of maternity, adoption or shared parental leave taken during a specified probationary period will not count towards the completion of the probationary period. In such instances, the probation period should be suspended, and an equivalent amount of time added when the individual returns to work.

3. Responsibilities

3.1 Deans and Directors

  • To ensure that the expectations for the post are made clear to new staff members. The procedure is not designed to replace the customary day-to-day process of coaching, but to complement it with an additional formalised system.
  • To provide an appropriately trained probation advisor to enable them to effectively assess progress and provide support. Only in exceptional circumstances would the Dean or Director undertake this role.
  • To ensure that new staff members are aware of the policies and procedures associated with probation and PDR (Performance & Development Review), as well as expected standards of conduct.
  • To ensure that the probationer receives adequate support during the probation period.
  • For academic staff (RTE), to review progress against objectives and overall trajectory towards the three-year plan in line with the New Lecturer Programme.

3.2 Probation Advisor

  • To meet regularly with the probationer to review progress within the role.
  • To provide written notes of probationary meetings to the probationer promptly.
  • To provide timely feedback to the probationer, outside of formal written notes, clearly highlighting any areas of concern.
  • To listen to and act upon any reasonable and appropriate concerns raised by the probationer.
  • To work with and support the probationer to overcome agreed issues
  • To raise concerns about lack of progress to HR and seek appropriate advice/guidance on how to deal with such matters. To complete a probation review form and submit to HR in circumstances where an extension to probation, or termination of employment with notice, is being recommended. For academic staff (RTE), the academic advisor must also submit the probation review form to HR when the probationary period is completed satisfactorily, and the appointment is confirmed. For academic staff (RTE), to review progress against objectives and overall trajectory towards the three- year plan in line with the New Lecturer Programme.

3.3 Probationer

  • To actively engage in the probation process
  • To attend all scheduled meetings with the probation advisor
  • To act upon the advice and seek to address any reasonable and appropriate concerns raised by their probation advisor
  • To raise issues with the probation advisor that might impact on progress or development within the role
  • To proactively seek support and guidance if they have any concerns about their capabilities to perform in their role
  • Academic staff (RTE) to attend research, teaching and enterprise workshops to support the activities within the New Lecturer Programme (NLP) as required

4. Probation Meetings

During the probation period, the probation advisor should meet with the new member of staff on a regular basis to discuss work and give advice and guidance on progress in the new role.

4.1 First Probation Meeting

4.1.1 This meeting should normally take place within the first month of employment in the new role.

4.1.2 The purpose of the meeting will be to clarify and agree expectations/objectives for the probation period and to schedule regular probation meetings.

4.1.3 Following this meeting, notes of any outcomes/actions should be produced promptly and signed by both the probation advisor and the probationer.

4.2 Subsequent probation meetings, as appropriate.

4.2.1 Further probation meetings should be scheduled at appropriate intervals during the probation period. The frequency of these meetings will depend on a number of factors, including length of probation, frequency of contact between the probation advisor and probationer and the supervision and direction needed to enable achievement of the objectives.

4.2.2 It may be appropriate to review the frequency of the probation meetings on an ongoing basis, for example, where it has been identified that more support is needed.

4.2.3 The discussions held in the probation meetings, should provide feedback on the probationer’s progress and help identify areas for development, or that require improvement. The probation advisor should provide guidance on how to address such areas where possible.

4.2.4 In each probation meeting, the probationer and probation advisor will review progress against the objectives set. A record of the meeting, plus any agreed actions, shall be kept for each meeting.

4.2.5 It is important that any issues or concerns held by the probationer and/or the probation advisor are raised in these meetings.

4.2.6 Where problems are identified, the probation advisor/should seek to resolve them at an early stage through discussion, coaching and training.

4.2.7 The probation advisor/should record agreed actions from these informal meetings and circulate them to the probationer promptly. Where problems are identified, details of the concerns should be clearly recorded along with the proposed action to address the concerns. HR can provide support in addressing areas of concern.

4.3 Probation Review Meeting

4.3.1 The Probation Review Meeting, to review progress against the agreed objectives, will be arranged to occur at least two weeks before the scheduled end of probation. The probationer should be provided with at least 5 days’ notice of this meeting.

4.3.2 If the probation advisor has ongoing concerns about the probationer’s performance, they should write to the probationer at least 5 days in advance of the meeting to notify them that these concerns are being viewed as good cause for non- confirmation of appointment, or to extend probation. This letter should provide the probationer with full details of the concerns, notes of previous meetings and a summary of action taken, to date, to assist them in addressing these concerns.

4.3.3 In circumstances where an extension to probation, or termination of employment with notice, is being recommended, the probationer has the right to be accompanied to this meeting by a trade union representative, or University colleague.

4.3.4 It is not necessary to wait for expiry of the probation period before convening a Probation Review Meeting. For example, it may be appropriate to convene an early Probation Review Meeting if the probationer has been made aware of problems and has been given the opportunity to improve but has not done so.

4.3.5 After the Probation Review Meeting, the probation advisor will recommend whether progress has been sufficient to merit confirmation of appointment. The probation advisor should complete the Probation Review Form and submit to HR,
along with records of the probation meeting in circumstances where an extension to probation, or termination of employment with notice, is being recommended.

4.3.6 If the probation advisor recommends that probation be extended, or employment be terminated with notice, a full explanation of the recommendation and details of how the probationer has failed to meet the agreed objectives should be included on the form.

4.4 Recommendation to confirm appointment

4.4.1 If overall progress has been satisfactory and HR have not received a recommendation for probation to be extended or terminated, the staff member will automatically receive a letter from HR at the end of their probationary period to congratulate them and confirm probation is complete.

4.4.2 It is important that performance and development objectives are agreed with the staff member for the remainder of the year until the next PDR window.

4.5 Recommendation to extend probation, or terminate employment with notice.

If the recommendation is to extend probation or terminate employment, it is the responsibility of the relevant Operations Manager/Assistant Director of Service (considering staff who are grades 5 and below) or delegated manager (by the Dean/Director of Service) when considering staff who are grades 6 and above to determine whether the recommendation is justified. If the Dean or Director is the line- manager making the recommendation, it is the responsibility of the Chief Operating Officer/Deputy Vice Chancellor or their nominee, to determine whether the recommendation is justified. This person will be referred to as the responsible manager.

A HR representative should provide professional advice to the responsible manager, but the decision will not be made by them.

In the event that HR receive a recommendation for probation to be extended or terminated, all relevant paperwork, including the notes from each probation meeting, the Probation Form and the justification for the recommendation will be forwarded to the responsible manager.

The probationer will have the opportunity to submit a written representation to the responsible senior manager before any decision is taken.

The responsible manager will consider the case, based on all information available and will decide that either:

i. The appointment should be confirmed.
ii. Probation should be extended. The duration of the extension shall be set by the responsible manager.
iii. Appointment to be terminated with notice.

The decision will be communicated to the probationer and confirmed in writing by the responsible manager. This letter should provide details of the reasons for the decision, the extension or termination date and outline the appeal procedure if appropriate.

5. Right to Appeal

5.1 Subject to 6.2 and 6.3 below, the Probationer has the right to appeal against any action taken during the probation process.

5.3 Appeals against the decision to terminate the employment of a Probationer must be submitted in writing, to the Director of Human Resources.

An appeal must be submitted within 14 days of the Probationer’s receipt of the formal letter confirming the decision to terminate their probationary period. The decision to terminate will be unchanged unless and until it is modified as a result of the appeal.
Arrangements will be made for appeals to be heard as soon as reasonably practicable.

The Probationer will be notified as soon as possible of the time, date and place of the appeal hearing with a minimum of 5 days’ notice. The Probationer will be advised that they may be accompanied by a current employee of the University, or a Trade Union representative. A HR representative will provide HR support to the hearing.

Appeals will be heard by the next management level who has not had any prior involvement in the case.

The decision will normally be notified to the Probationer as soon as possible and the decision shall be confirmed in writing, within 5 days.

The decision of the Appeal hearing is final.