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 NI
Issues covered:

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

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Back to Q&A's This article is correct at 05/12/2017

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 Chris.Fullerton@arthurcox.com

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