More Restrictions on use of Trial Periods

Posted 23 April 2015 by Mike Johnson Trial Period, Employment Agreement, independent advice, notice period;

You need to be aware of two recent developments in the Courts with regards to Trial periods - they don't make things easy - but that's the law:

• The decision that says you cannot pay someone in lieu of notice when under a trial period is not being challenged.  So you must ensure that, if you dismiss someone under a trial period, you do ensure their notice period is fulfilled.  By all means try and get them to agree that they work it from home (and document that) - but don't just pay out the notice!
• Don't bring undue pressure on someone to sign before they start - yet of course if they do not, the Trial  Period is ineffective.  What that means is that they should have at least two clear working days between when they receive the agreement to when they should have signed it, to get advice. 

So you do need to be organised when getting out agreements, and not leave them to the last minute.