First Tuesday Q&A

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

Our sales team wants to dismiss a new hire at the expiry of his probationary period. Are there any issues that we need to be aware of?

Posted in: First Tuesday Q&A ROI on 03/04/2017 Generally speaking, employees can be dismissed with relatively little risk during the probationary period as an employee can, save in certain limited circumstances, only bring a claim for unfair dismissal if he or she has one years’ continuous service. However, notwithstanding this, there are a num...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment Probation

We have an employee whose probation has been extended and is not performing. He is likely to be let go with 11 months’ service. We would like to give him an additional six months to get another job. Can we use a compromise agreement to get him to agree not to take an unfair dismissal case where the consideration is that he keeps his job for six months? We would pay for a solicitor for him.

Posted in: First Tuesday Q&A ROI on 05/04/2016 In order to bring a claim for unfair dismissal under the Unfair Dismissals Acts 1977 to 2015 (the “Acts”), an employee must be in a position to demonstrate that he has one year’s continuous service with his employer. Therefore, on the provision of six months additional service, the employee will be...
This article is listed under the following topics:
Unfair Dismissal Probation

I thought that if you wanted to dismiss a worker on probation, you still had to follow your disciplinary process. Is this not the case?

Posted in: First Tuesday Q&A ROI on 29/02/2016 Employees who have less than 12 months continuous service with the employer, including employees on probation, are not entitled to bring claims under Unfair Dismissals Acts 1977 to 2015. Therefore, the process for dismissal, including the disciplinary process, is generally subject to less scrutiny ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues Probation

Can probation extend beyond 12 months? Can we state that the disciplinary process does not apply during probation?

Posted in: First Tuesday Q&A ROI on 01/12/2015 Probationary periods are commonly put in place for an initial period of six months, with the option to extend up to a maximum period of eleven months. There must be provision in the contract to extend the probationary period to allow an employer to do so. Probationary periods, including the notice ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Probation

For new joiners to the company, can we wait until their probationary period of 6-months has been completed before auto-enrolling them in the pension scheme or must we auto-enrol them before the end of the first 3-months.

Posted in: First Tuesday Q&A ROI on 05/08/2015 Employers must provide employees with access to a Personal Retirement Savings Account (“PRSA”) or access to an occupational pension scheme within 6 months of commencing employment. Therefore, provided employees have access to a PRSA or pension scheme within six months of commencing employment, the ...
This article is listed under the following topics:
Contracts of Employment Pensions Probation

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 03/02/2015 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...
This article is listed under the following topics:
Probation Disciplinary & Grievance

What would be the initial step to approach an employee who is showing under performance but seems to have personal issues going on in the background?

Posted in: First Tuesday Q&A ROI on 04/11/2014 As a preliminary point, how an employer manages an underperforming employee will depend on the service with the employee. For example, if the employee is still on probation, the employer will have lesser obligations in respect of performance management. The terms of the employee’s probationary peri...
This article is listed under the following topics:
Disciplinary and Grievance Issues 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 the employee?

Posted in: First Tuesday Q&A ROI on 03/12/2013 The conditions surrounding probation depend on the wording of the employee’s contract of employment. If the wording of the contract states that employees shall be entitled to avail of performance improvement plans, then the employee is entitled to rely on this and the employer must provide such per...
This article is listed under the following topics:
Contracts of Employment Policies and Procedures 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 the employee?

Posted in: First Tuesday Q&A ROI on 03/11/2013 The conditions surrounding probation depend on the wording of the employee’s contract of employment. If the wording of the contract states that employees shall be entitled to avail of performance improvement plans, then the employee is entitled to rely on this and the employer must provide such per...
This article is listed under the following topics:
Probation Disciplinary & Grievance