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The return of the 90-day trial period

​Effective as of December 23, 2023, employers again enjoy increased flexibility with the reintroduction of the 90-day trial period for new employees. It’s not just good news for employers, in the past we have seen employees benefit when they are given an opportunity for roles where they may not tick all the boxes.

Previously only available to employers with 19 or fewer employees, talking to many of our clients they are welcoming the change, giving employers the confidence to move faster, give people a shot and resource up when needed, while also managing their risk and eliminating costly dismissal processes.

Although the 90-day trial periods aren’t something we have to contend with often as expert Property, Construction and Infrastructure recruiters, we recognise the benefits the trial period offers many of our employers and encourage you to review your current employment agreements to incorporate the 90-day trial period.

Recommendations to ensure the trial period works for your business:

- We recommend including a shorter notice period during the 90-day trial period

- Remember trial periods work both ways – your employee can decide the role isn’t for them and leave within the shorter notice period

- Trial periods must be entered in good faith

- An employee is precluded from filing a personal grievance for unjustified dismissal or other legal proceedings related to release under a trial period

- While communicating the reasons for releasing an employee during a trial period is not mandatory, we recommend you always give constructive feedback

- It’s important as an employer to support your employees during the trial period and allow them to demonstrate their capabilities before release.

If you are looking for new team members in 2024 get in touch with the team of expert recruiters at Assemble Recruitment.