Dismissing An Employee With Less Than One Year's Service

Posted in : How Do I Handle It ROI on 18 February 2014
Jennifer O'Sullivan
Ronan Daly Jermyn
Issues covered:

How do I handle it? I’ve dismissed an employee who has less than one year’s service, am I fully protected against a claim for Unfair Dismissal?

Jennifer O’Sullivan writes:


Section 2(a) of the Unfair Dismissals Acts (the “UDA”) sets out the general rule that an employee must have one year’s continuous service at the date of his dismissal to bring a claim under the UDA. Employers must bear in mind, however, this will not apply in a number of limited circumstances such as where the employee can show that they were dismissed for trade union membership or activity, for pregnancy or connected matters; for exercising their rights under the National Minimum Wage Act or for exercising

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This article is correct at 06/08/2015

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.

Jennifer O'Sullivan
Ronan Daly Jermyn

The main content of this article was provided by Jennifer O'Sullivan. Contact telephone number is +353 21 480 2700  or email jennifer.osullivan@rdj.ie

View all articles by Jennifer O'Sullivan