If terminating during probation is it necessary to follow the statutory dismissal / disciplinary procedures?
Posted in : First Tuesday Q&A NI on 5 December 2017
Chris Fullerton
Arthur Cox
It is common for employers to use probationary periods in order to assess an employee’s performance and general suitability for employment. Many employers will choose not to follow the statutory disciplinary / dismissal procedures during a period of probation on the basis that (assuming it is for less than 12 months), under the Employment Rights (Northern Ireland) Order 1996, an employee must have one complete year’s service in order to pursue a claim for unfair dismissal against their employer.
However, we would still recommend that employers follow the statutory dismissal /
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial 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
More from the First Tuesday Q&A
-
Should an internal disciplinary procedure be applied to an employee who is on probation?
Posted in: First Tuesday Q&A NI on 04 November 2019
-
Can a letter setting out reasons for dismissal be issued by email?
Posted in: First Tuesday Q&A NI on 04 November 2019
-
Should we be providing employees with a copy of a referral letter to occupational health (“OH”)?
Posted in: First Tuesday Q&A NI on 04 November 2019
-
We have a former employee who has claimed unfair dismissal. Our solicitor is arguing that they have failed to mitigate their loss – what does this mean?
Posted in: First Tuesday Q&A NI on 04 November 2019
-
Induction programme requirements for former employees returning to employers
Posted in: First Tuesday Q&A NI on 01 October 2019
Disclaimer:
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
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
View all articles by Chris Fullerton