Comments by Mohamed Deen

Mohamed Deen
Member - 4 posts

Hi, People are given probationary periods because, neither interviews or references tend to give the actual capabilities of candidates for employment. Where in one situation a candidate has done extremely well he or she might not be competant under a different working atmosphere. While there is no legal requirement for enforcing a probationary period there is nothing in the law preventing employers from engaging staff on probation.
In this context the case of J Hamblin v London Borough of Ealing [1975] IRLR 354 might shed some light. Here the majority of the Tribunal held that "In the circumstances, the applicant's dismissal was not unreasonable. The matter had to be viewed within the context that her's was a probationary appointment. Whilst probationary periods are not removed from the ambit of the unfair dismissal provisions of the Trade Union and Labour Relations Act, the test of reasonableness in the case of probationary appointments is not quite the same as in the case of an employee in another category. A probationary employee knows that he is on trial and that he must establish his suitability for the post. The employer on his side must give the employee a proper opportunity to prove himself but he reserves the right to determine the employment with appropriate notice provided he has reason for so doing".
I hope that this will enlighten all Workplace Law Members on this issue.

Dr. Haris Z Deen