What is the liability in relation to the termination of an employment contract during a probationary period?Posted in : First Tuesday Q&A NI on 2 May 2017
In terms of liabilities for statutory employment claims, unfair dismissal generally isn’t likely to be a risk because the employee won’t have accrued the one year’s service necessary to bring such a claim (assuming the probationary period is for less than this period). However, employers should be aware that there are a few exceptions to the one year’s service threshold, most notably dismissals related to reasons of maternity, health and safety, whistleblowing and trade union activities. In particular, the employee could also make a claim for discrimination on the grounds of a protected characteristic.
The employer would need to give the employee the appropriate notice period to terminate
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Back to Q&A's This article is correct at 02/05/2017
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