What is a 90-day trial period?
This is a clause which employers can include in a new employee’s contract, whereby for up to a specified period of 90-days, an employer may dismiss an employee and that employee is not entitled to raise a grievance in relation to that dismissal. To be valid, the 90-day period clause must be in writing, in an Employment Agreement, which is signed prior to the employee commencing work.
In the case of a dismissal, employers are still required to act in good faith, such as providing employees with relevant information and giving them an opportunity to comment. In addition, the inclusion of this clause does not override an employee’s right to bring a personal grievance where they deem that they were at an unjustified disadvantage by reason of bullying, harassment, or discrimination.
So, what should employers do now?
Employers should review their internal processes and polices and decide whether they wish to include a 90-day trial period, including amending any template employment contracts. If you need any support with this, or would like any further information, please get in touch with a member of the MDR ONE team.
