Employee Probation Periods: An Update

First Published in The Royal Gazette, Legally Speaking, October 2022

The Employment Act 2000 is the island's key piece of employment legislation, applicable to employees who work mainly in Bermuda under an employment contract.

The Act aims to promote fair treatment of employers and employees by providing minimum standards of employment, by establishing procedures and notice periods for the termination of employment, and by providing employees with protection against unfair dismissal.

In June 2021, a number of changes were made to the Act, the motivation for which was to ensure that Bermuda's legislation is in line with international best practices.

Prior to the amendments, there were no statutory limits on the length of an employee's probation period. Also, employers had an option to terminate employment during probation for any reason and without notice.