Employment Law question (probationery periods)

kronsington

I'm wondering does anyone have any opinions on the following scenario, or indeed, know any online resources where i could find more information.

Essentially this relates to probationery periods at work and extending said periods. An individual, X, started work with a firm last May (19th) and the probationery period was "Six months from the date of appointment ending on such date as will be advised to you. Subject to satisfactory performance, as determined by the Board, after which appointment to the permanent staff will follow". However, towards the end of this period, X has filed a complaint against one of her employers, and as a result, the board have decided to postpone their review of her probationery period, pending the outcome of the investigation into her complaint. essentially, im asking from the company's point of view, what can be done. is their a way of extending the probationery period retrospectively as it were. x's solicitors maintain only her performance during the probationery period itself is all that can be evaluated, im asking is there a way of refuting that argument. can her performance post probationery period be evaluated somehow also? this is not a real life situation and im simply curious as to peoples' thoughts. i hope i gave some of the facts in a reasonably concise manner.

thanks very much

dats_right

An employee doesn't come under the protection of the Unfair Dismissal Acts until they have 1 years continuous service, so within that period an employer is generally entitled to dismiss an employee for no reason by giving sufficient notice or pay in lieu of (1 week or longer if the contract so provides) without the employee having any legal remedy.

This effectively means that the labels of probationary period, etc. contained in a contract of employment don't have much of a practical significance as an employer is more or less free to dismiss without reason up until the employee has the requisite service to be protected by Unfair Dismissal Acts. In a way, therefore, I suppose one could argue that notwithstanding anything contained in a contract, an employee is on a de facto on a probationary period until they have the requisite service so as to be protected by the Unfair Dismissal Acts, because up until that time they can be dismissed on a whim by an employer.

IRISH RAIL

but doesnt the contract overide that when it says 6 months ?
My understanding is that a company must declare they are extending your probationary period for a further 6 months.
also just as a side question
say 1 was employed on january 1st
and 6 months to the day later
would I be automaticaly protected (assuming I signed a contract stating 6 month probation ) or could I be called in 3 weeks after the 6 months and fired?

sdanseo

IRISH RAIL wrote: »

but doesnt the contract overide that when it says 6 months ?
My understanding is that a company must declare they are extending your probationary period for a further 6 months.

Everyone gets a contract of employment. If that were the case the 1-year rule would be completely redundant.