What does a probationary period clause need to say?
If the job has a probationary period, the written statement must include it, with any conditions and its duration. Section 1(4)(ga) of the Employment Rights Act 1996 adds probationary periods to the particulars every worker must be given.
What counts as a probationary period
Section 1(6) defines a probationary period as a temporary period specified in the contract between the worker and the employer that begins at the start of the employment and is intended to enable the employer to assess the worker's suitability for the employment.
When the particulars must be given
Probationary period particulars are among the core particulars in section 1(4). Section 1(2)(b) requires the statement to be given no later than the beginning of the employment, and section 1(2)(a) requires the core particulars to be in a single document.
What the clause should set out
Because section 1(4)(ga) asks for any conditions and the duration, the clause should state how long the period lasts and the conditions that apply during it. Any different notice during probation is a notice particular under section 1(4)(e) and belongs in the same statement.
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Order the employment packThis guide is general information about the law of England and Wales. It is not advice on your situation.