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 3 May 2016
Chris Fullerton
Arthur Cox NI
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.

In terms of

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

Back to Q&A's This article is correct at 03/05/2016

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

View all articles by Chris Fullerton