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
Chris Fullerton
Arthur Cox NI
Issues covered:

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

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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