Can I dismiss an employee who has under one year’s service without going through the disciplinary procedure?Posted in : First Tuesday Q&A ROI on 3 July 2013
As the question implies, an employee who has less than one year’s service at the time of dismissal cannot normally rely on the Unfair Dismissals Act to bring a claim of unfair dismissal (save for exceptional cases such as pregnancy). Employers should remember that, in determining an employee’s total service for this purpose, an employee is entitled to add their notice period even if not actually served to their served length of service. Don't get caught out!
On the substantive question, whether the disciplinary procedure or fair procedures generally have to be applied will depend on the basis for the termination. Where the dismissal is based on an allegation of wrongdoing and particularly
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Back to Q&A's This article is correct at 02/09/2015
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