What do I need to know about the "90 day trial period"?

The 90-day trial period has been in force since April 2011. You will be able to assess the suitability of a new employee over a three-month period. If it turns out the employee isn't suited for the job, you can dismiss them within the 90-day trial period and they won't be able to sue you for an unjustified dismissal. In essence, the 90-day trial period is a small exception to the basic rule that you have to follow a fair process to dismiss an employee.

You can only take advantage of this law if your contract with your employee is in writing that a 90-day trial period will apply and the agreement is signed by both parties before the employee sets foot in the door to start work.

Be aware the trial period is a one off and can't be extended, and you can only use the trial period with new employees. You also need to discuss with the employee at the interview stage.

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