Can employment be terminated during the probationary period? If so, what are the risks to employers?

Posted in : First Tuesday Q&A NI on 3 April 2018
Chris Fullerton
Arthur Cox NI
Issues covered:

The purpose of a probationary period is to assess whether the employee is suitable for the job. Probationary periods can be for varying periods of time, but standard practice is generally six months. We recommend that provision is also included in the contract of employment for the extension of the probationary period providing any final decision is taken well in advance of the employee accruing 12 months continuous service (see further comments below regarding the risk of unfair dismissal in this regard).   

Employment can be terminated during the probationary period if the expected standard is not being achieved (even after substantial training and supervision). Employers

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Back to Q&A's This article is correct at 03/04/2018

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

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