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 / disciplinary procedures, even during a probationary period. Whilst it is generally the case that employees
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
-
If employees have been working from home during the coronavirus (COVID-19) pandemic, can they argue that, through custom and practice, it has become a term of their contract of employment that they are entitled to work from home on a permanent basis?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
Is a non-executive director eligible for statutory sick pay?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
If an employment contract is only provided to an employee a few months after employment started, what issues does this give rise to?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
Do employment tribunals have jurisdiction to hear money claims made by a former employee for underpaid employer pension contributions?
Posted in: First Tuesday Q&A NI on 05 October 2021
-
Can an employer refuse a request from an unsuccessful job applicant to delete any of their data in its possession as it may be necessary for the defence of legal claims?
Posted in: First Tuesday Q&A NI on 07 September 2021
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