Employment matters: dismissing staff on probation

Employers may still need to follow the disciplinary policy in place and apply fair procedures

Employers still need to be careful when they are letting probation staff go Pic: iStock

Employees who have fewer than 12 months’ continuous service with an employer, including employees on probation, are not entitled to bring claims under the Unfair Dismissals Acts 1977 to 2015.

Therefore, the process for dismissal, including the disciplinary process, is generally subject to less scrutiny than in respect of employees who may be in a position to challenge the fairness of the dismissal under the legislation.

But there may be a contractual obligation ...