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Information on ending a probationary period and the appeal process.
Contents
Ending a Probation Period
1. Throughout the probationary process, the new employee must be given the support and training required to become an effective member of staff.
2. If, at any time during the probationary period, an employee’s performance, conduct or attendance is deemed to be not satisfactory, or they are not on track to complete any mandatory training or a required qualification, advice must be sought from the HR People Partner. A prompt meeting must be held with the employee to discuss the issues, and to provide them an opportunity to respond to any concerns.
3. It is expected that further regular meetings will be held to monitor progress towards realistic targets and if necessary, individuals are offered training, coaching and/or supervision to address problem areas. It is expected that proactive management in this way will enable the necessary improvements to be made within the required timeframe.
4. Where it becomes clear that no further training or support would allow the employee to reach the required standards; or here there has been misconduct or the employee has failed to complete mandatory training, despite support being given to enable them to do so., the HR People Partner should refer the case to the Employee Relations (ER) Team, to make arrangements for a formal hearing.
5. The ER Team will arrange a hearing and the employee will be invited to discuss their continuing employment. This meeting will be chaired by a manager who has not been involved in the process at an earlier stage. This may be the Head of Department or their nominee, or an appropriate equivalent senior manager if the Head of Department is the line manager. The employee will be entitled to be accompanied by a workplace colleague or trade union representative (where they are an existing member of the Trade Union) if they wish and will be given a full opportunity to state their case. A member of the ER Team will attend the hearing to give advice and ensure due process is followed. The line manager will detail the process that has been followed and the employee’s progress. The employee and/or their representative will be entitled to respond. The outcome of the meeting will be decided by the Chair who will write to the employee within ten working days confirming the decision reached.
6. For Academic Staff, the hearing will be conducted by an ad hoc panel from the Academic Board, comprising a Dean/Vice Dean (who is the Chair) plus two members of the Committee, normally one professorial and one non-professorial. All review forms should be made available to the panel which will then be expected to meet the probationer and the Head of Department prior to making a decision on the case.
7. When the decision is taken to end employment, the required period of contractual notice will be given. If the manager decides it unnecessary for the employee to work through some or all of the notice period, pay in lieu may be offered instead.
Notice periods
During the probationary period, the following notice periods will apply:
| Job Role | Notice from either party |
|---|---|
Professional Services Staff Grades 1-16 |
2 weeks |
Professional Services Staff Grades 7-10 |
4 weeks |
Researchers (including Marie Curie Trainess) |
4 weeks |
Teaching Fellows (including Clinical TFs) |
4 weeks |
Academic Staff (including Clinical academics): Lecturer, Associate Professor, Professor |
12 weeks |
8. If an incident during the probationary period is so serious that it is considered gross misconduct, the Chair of the hearing may summarily dismissal the employee without notice.
Appeals
9. An employee has the right to appeal against dismissal on the grounds that they have not completed their probationary period satisfactorily, including for one or more of the following reasons:
· The procedure - a failure to follow procedure had a material effect on the decision
· The decision - the evidence did not support the conclusion reached
· The penalty - was too severe given the circumstances of the case
10. An employee wishing to appeal should submit notice in writing to the Director of Employee Relations, Policy and Planning.
11. The employee must be specific about the grounds of appeal, as they relate to the decision to dismiss, as these will form the agenda for the hearing.
12. An appeal must be submitted within 5 working days of the employee’s receipt of the formal letter confirming that they are to be dismissed for failing to complete satisfactorily their probationary period. The decision to dismiss the employee will be unchanged unless and unless it is modified as a result of the appeal.
13. Arrangements will be made for appeals to be heard as soon as reasonably practicable.
14. The employee will be notified as soon as possible of the time, date and place of the appeal hearing with a minimum of 10 working days’ notice. The employee will be advised that they may be accompanied by a workplace colleague or Trade Union representative, where they are an existing member of the Trade Union.
15. Appeals will be heard by a manager who has not previously been involved.
16. In the case of Academic Staff, an appeal panel will be convened, consisting of one of UCL’s Deans as chair, a Head of Department (preferably in a kindred subject), plus one of the non-professorial representatives on the Academic Board.
17. A member of the Employee Relations Team will provide professional HR advice to the hearing.
18. The possible outcomes of the Appeal are:
· The appeal is not upheld and the decision to dismiss the employee stands.
· The Appeal Panel consider dismissal to be inappropriate, and the employee’s probationary period is extended (see Appendix G). If this occurs, the employee shall be paid in full for the period from the date of dismissal (if there has been any gap between the effective date of termination and the date of the appeal hearing). Under such circumstances, continuity of service will be maintained.
· The appeal is upheld and the decision to dismiss the employee will be cancelled. If this occurs, the employee shall be paid in full for the period from the date of dismissal (if there has been any gap between the effective date of termination and the date of the appeal hearing). Under such circumstances, continuity of service will be maintained.
19. The result of the appeal will normally be notified to the appellant in writing within 10 working days of the hearing. The decision of the Appeal hearing is final and ends the internal process
July 2024
HR Emplyment Policy Team
