Letter Confirming a Probationary Period Following a Transfer or Promotion
A probationary period is a defined period during which the employer can assess an employee’s suitability for a role. In the case of this Letter Confirming a Probationary Period Following a Transfer or Promotion, the probationary period follows an internal transfer or promotion.
There is no legal requirement for employers to make use of probationary periods, but they are useful performance management tools, particularly following an internal transfer or promotion.
This template letter explains that the employee’s continuous service and statutory rights are unaffected by being placed on probation in these circumstances. The letter also explains what will happen at the end of the probationary period and specifies that a formal meeting will be held before the end of the probationary period. If the meeting does not take place by the end of the employee’s probationary period, the employee's appointment will, in effect, be confirmed by default.
If the employee who has been transferred or promoted to a new role fails to perform satisfactorily in that role, there is no statutory duty on the employer to offer the employee his or her old job back. However, the employer is under an implied duty to provide support (e.g. feedback and training) to the employee in the new role.
Employers must ensure that they follow fair procedures if it becomes necessary to terminate employment on account of the employee failing to meet the required standards following a promotion or internal transfer. In particular, employers must remember that an employee’s service will be counted from the employee’s start date with the Company and not from the start date of the internal transfer or promotion.
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