Does the full disciplinary procedure need to be exhausted within a probation period? i.e. verbal, written etc?

Posted in : First Tuesday Q&A ROI on 3 February 2015
Elaine Mettler
Arthur Cox
Issues covered:

Employers are not generally required to exhaust the full disciplinary procedure for employees who are on probation. Employees on probation are often expressly excluded from the employer's disciplinary procedure (his would normally be set out clearly in the contract of employment and/or the employer's disciplinary procedure).

The main exposure for employers who dismiss employees is for claims under the Unfair Dismissals Acts 1977-2007 (the “Acts”); however, the Acts specifically provide that employees with less than 1 year service cannot bring unfair dismissals claims. Provided the employee has less than 12 months continuous service with the employer (having regard to when his/her

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Back to Q&A's This article is correct at 02/09/2015

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Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email

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