Can I extend an employee’s probation period due to extended sick leave?

Posted in : First Tuesday Q&A NI on 4 June 2024
Chris Fullerton
Arthur Cox NI
Issues covered: Probation Extension; Sick Leave; Disability Discrimination Act 1995; Probation Policy

In general, employers are legally entitled to extend an employee's probation period, provided they have reasonable grounds to do so and follow proper procedures as set out in the employment contract and company policy. However, when an employee is absent due to long term sick leave, employers should proceed with due care and caution to avoid the employee bringing a claim against them for disability discrimination.

In the first instance, employers should ensure that clear and detailed clauses regarding an employee's probation are documented in both the employee’s contract of employment and the company’s probation policy. In such clauses, employers should set out under exactly which

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register 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

Already a subscriber, now or Register

Back to Q&A's This article is correct at 04/06/2024

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

View all articles by Chris Fullerton