If you feel that someone on probation has not performed well enough, what onus is on the employer to engage in performance improvement before deciding not to keep them on?

Posted in : First Tuesday Q&A NI on 5 November 2013
Arthur Cox
Arthur Cox
Issues covered:

In general terms, there are no statutory provisions which dictate what an employer should and shouldn’t do in terms of performance management during an employee’s probationary period.

Normally, the contract of employment agreed between the parties will dictate the length of the probationary period; the circumstances in which it can be extended; and what notice should be given by either party if one of them wishes to terminate the contract during the probationary period.

With regard to what performance support should be provided by the employer, this is unlikely to be detailed specifically in the contract, however, there is an implied duty in every contract which imposes a duty on the

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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 rosemary.lundy@arthurcox.com

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