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First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

An employee was hired on a fixed term contract, however, soon after they were absent on grounds of sickness and the medical certificates submitted indicate a serious mental health issue with sick leave likely to extend for the foreseeable future. A three month probationary period applies to all new employees and no sick pay is given during the probationary period. Can the company dismiss on grounds of capability whilst the employee is absent on sick leave?

Posted in: First Tuesday Q&A NI on 06/05/2014 In issuing fixed term contracts, employer should be aware of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002. These essentially give fixed-term employees the right not to be treated less favourably than their full-time comparators unless the tr...
This article is listed under the following topics:
Sickness and Absence Contracts of Employment Probation

If you feel that someone on probation has not performed well enough, what onus is on the employer to engage in performance improvement before deciding not to keep them on?

Posted in: First Tuesday Q&A NI on 05/11/2013 In general terms, there are no statutory provisions which dictate what an employer should and shouldn’t do in terms of performance management during an employee’s probationary period. Normally, the contract of employment agreed between the parties will dictate the length of the probationary period;...
This article is listed under the following topics:
Probation

Is it possible to extend a six month probationary period by another six months at the end of the six months?

Posted in: First Tuesday Q&A NI on 07/08/2012 It is possible to extend a six month probationary period by an additional six months. It is advisable, however, that you first check the wording of the existing probationary period clause to see if it allows any scope for the probationary period to be extended. If it doesn’t allow for an extension ...
This article is listed under the following topics:
Contracts of Employment Probation