Does the full disciplinary procedure need to be exhausted within a probation period i.e. verbal, written etc?

Posted in : First Tuesday Q&A NI on 7 July 2015
Arthur Cox
Arthur Cox
Issues covered:

Employers usually want flexibility to dismiss an employee without giving prior warnings during his/her probationary period. The employee is likely not to have qualified for ordinary unfair dismissal rights in any case as probationary periods are usually 3-6 months, whereas the unfair dismissal qualifying period is one year. However, if he/she is dismissed for certain reasons, for example, a reason related to pregnancy or trade union membership, the employee may be able to bring an “automatically” unfair dismissal claim for which there is no qualifying period of service. The employee will also be protected by discrimination legislation, for which there is no qualifying period.

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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

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