Termination During Probation Notice

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Document Overview

A Termination During Probation Notice is a formal HR document issued by an employer to end an employee’s contract while the employee is still under probation.

In Kenya, this notice is guided by Section 42(4) of the Employment Act, 2007, which allows either the employer or the employee to terminate a probationary contract by giving at least seven (7) days’ notice or paying seven days’ wages in lieu of notice.

The notice serves as official written communication that the probationary employment will not continue beyond the probation period, and it records the date, reason, and payment entitlements due at termination.

Purpose of the Termination During Probation Notice:
1. Ensures that the employer complies with Section 42(4) of the Employment Act, which requires either a 7-day written notice or payment in lieu when ending a probationary contract.
2. Formally informs the employee that their contract is being terminated and provides clear reasons, such as poor performance, misconduct, or failure to meet job requirements.
3. Serves as documented evidence that the termination was lawful and properly communicated, protecting the employer from claims of unfair dismissal or lack of notice.
4. Helps HR departments maintain clear termination records, including payment of dues (salary earned, leave accrued, or notice pay).
5. Provides the employee with clarity and closure about the end of their probationary period, including details of final payments and return of company property.

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Termination During Probation Notice

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