Trial periods can be useful for both the employer and employee, but there are specific requirements you need to get right:

Trial periods (of up to 90 days) must be included in written employment agreements.
Ensure that the trial period clause is robust and meets legislative requirements.
When verbally offering employment, let employees know about the trial period.
An employee can’t be put on a trial period if they’ve worked for you before (instead use a probationary period).
Employees must sign the employment agreement before starting work (signing on their first day may be too late to enforce the trial period clause).
Trial periods can never be longer than 90 days, even with mutual agreement.
If ending employment notice must be given within the trial period, though the employee’s last day might be after the trial period finishes.
Give employees a fair go under the trial period; provide adequate training, support & feedback.
A valid notice period during a trial period can vary; consider what’s right for your business.
Ensure that your managers understand the process of using a trial period clause - it’s often useful to get specialist advice if enacting this clause.
If correctly used, trial periods remove the ability for employees to raise a personal grievance or other legal proceedings about the dismissal, however, a personal grievance can still be raised if it relates to discrimination or harassment.

If you'd like help with 90 day trial periods please get in touch with us.

This information is general guidance only, and you should not solely rely on this information; specific advice should be sought for your situation.