Terminating Employment During Probation Following Dishonesty
Probation periods are designed to help employers assess whether a new employee is suitable for their role and organisation.
While performance concerns are often associated with probation, issues involving honesty can be far more significant.
When dishonesty arises, employers are often left asking whether they should continue employment, investigate further, or bring the relationship to an end.
The answer will depend on the circumstances, but the central issue is usually trust.
Why Trust Matters
Every employment relationship relies on mutual trust and confidence.
Employers need to feel confident that employees will act honestly, follow instructions and behave appropriately.
Where dishonesty occurs, that trust can quickly be damaged.
Examples may include:
Providing false information.
Misrepresenting qualifications or experience.
Dishonesty during an investigation.
Misleading managers about workplace matters.
Deliberately withholding important information.
Not every act of dishonesty will justify dismissal, but employers should carefully consider the impact on the employment relationship.
Probation Does Not Remove the Need for Fairness
One of the most common misconceptions is that probation allows employers to dismiss employees without considering the facts.
While probation generally provides greater flexibility, employers should still make informed and reasonable decisions.
Before deciding to terminate employment, employers should:
Understand what happened.
Gather relevant information.
Consider any explanation provided by the employee.
Assess the seriousness of the issue.
Consider whether trust can realistically be rebuilt.
A decision made too quickly can create unnecessary risk and may not be the best outcome for the business.
The Key Question
When dishonesty is involved, the most important question is often:
"Can we continue to have confidence in this employee?"
If the answer is no, and that conclusion is based on reasonable evidence and fair consideration of the facts, termination during probation may be an appropriate outcome.
Practical Advice for Employers
If you discover potential dishonesty during probation:
Pause before making a decision.
Establish the facts.
Speak with the employee.
Consider the explanation carefully.
Assess the impact on trust and confidence.
Document your reasoning.
Communicate the outcome clearly and professionally.
Conclusion
Too many employers treat probation as a date in the diary rather than a genuine assessment period. If there are concerns around honesty, capability or conduct, probation is usually the right time to address them rather than hoping they improve on their own.
Probation is an opportunity to assess more than technical ability.
It allows employers to consider whether an individual demonstrates the behaviours, values and integrity required within their business.
Where dishonesty damages trust and confidence, termination during probation may be appropriate. The key is ensuring the decision is based on facts, fairness and sound professional judgement rather than assumptions or emotion.
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