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
Arthur Cox
Arthur Cox
Issues covered:

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

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email

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