We have an employee who started as a trainee on 28th September 2010. I put him on a short term contract of six weeks to six months duration. He signed it on 23.09.10. He was on six months probation.

On 14.04.11 he signed another temporary contract with a 12 month probation but I did not have any finishing date on it.

On 16.01.12 he got a verbal warning

On 16.02.12 he got a first written warning

On 17.04.12 he got a second written warning

Where do I go from here to rectify this situation? I realise that all temporary contracts should have end dates on them but am I now stuck with this under-performing employee?

Posted in : First Tuesday Q&A NI on 5 June 2012
Emma-Jane Flannery
Arthur Cox

There are a number of issues raised by this query.

Firstly, what is this employee’s current contractual status? He had an initial fixed term and probationary period. The second contract and probationary period appear more like an open ended contract, as there was no fixed term incorporated. Is the employee still a trainee, and is the contract determinable at the end of that? Was he taken on for a specific project or task? All these factors may affect whether the contract is determinable. More information would be required, to assess the true status. For these purposes, we will assume he is an

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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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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