May I dismiss an employee who has under one year’s service without going through the disciplinary procedure?Posted in : First Tuesday Q&A NI on 5 June 2012
As a starting point, an employee normally requires 1 year’s service to bring a claim for unfair dismissal.
However, there are occasions in which an employee can bring a claim for automatic unfair dismissal despite not having one year’s service. Some examples are, if the reason for the dismissal is connected to pregnancy or statutory maternity/paternity rights; trying to assert any other statutory right; or they are dismissed because of their association with a trade union. There are also a number of further grounds. Failure to follow any aspect of the statutory dismissal and disciplinary procedures will result in any Industrial Tribunal award being adjusted to reflect this failure.
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Back to Q&A's This article is correct at 02/09/2015
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