Unfair Dismissal in Probation Period

J Mysterio

Hi.

Just a technical question - if anyone might be able to help - can you take a case for unfair dismissal if you are let go within your probation period/ first year?

Is there any point?

Thanks

Youngblood.III

No...but if it was something under discrimination , yes.

J Mysterio

Thats really crap.

Stheno

J Mysterio wrote: »

Thats really crap.

No, it's the law tbh.
Unfair dismissal only kicks in after a year at least.

J Mysterio

Stheno wrote: »

No, it's the law tbh.

Just because 'it's the law', doesn't mean it's right or just.

Stheno

J Mysterio wrote: »

Just because 'it's the law', doesn't mean it's right or just.

Probation is there for a reason tbh, if you don't do well enough to be kept on then clearly there is something wrong.

J Mysterio

Stheno wrote: »

Probation is there for a reason tbh, if you don't do well enough to be kept on then clearly there is something wrong.

You can be unfairly dismissed 8 months into a 9 month probation and have no recourse.

Stheno

J Mysterio wrote: »

You can be unfairly dismissed 8 months into a 9 month probation and have no recourse.

Yes you can and it's legal it sucks but it's legal

moc moc a moc

If you don't like this law, bring it up with your TDs.

A Primal Nut

So if someone is hired on a probation period, and after two months the employer finds out this new employee is gay, and fires them, they would have no recourse?

Come on, there is no way a judge is siding with the employer.

We'd really need more details of why the employee was dismissed before saying "no".

Stheno

A Primal Nut wrote: »

So if someone is hired on a probation period, and after two months the employer finds out this new employee is gay, and fires them, they would have no recourse?

Come on, there is no way a judge is siding with the employer.

Well if the employer told them they were firing them becuase they were gay then yes they have a case.

If the employer told them their performance was not up to standard, then no they don't have a case.

salamanca22

A Primal Nut wrote: »

So if someone is hired on a probation period, and after two months the employer finds out this new employee is gay, and fires them, they would have no recourse?

Come on, there is no way a judge is siding with the employer.

We'd really need more details of why the employee was dismissed before saying "no".

You can be terminated for any reason once you are in your probation period except if the reason is one of the following:

• gender
• marital status
• family status
• age
• race
• religion
• disability
• sexual orientation
• membership of the Traveller community

A Primal Nut

Stheno wrote: »

Well if the employer told them they were firing them becuase they were gay then yes they have a case.

If the employer told them their performance was not up to standard, then no they don't have a case.

The employer doesn't need to tell them directly for it to be discrimination; there can be other evidence that performance wasn't the reason.

Mrs OBumble

I think you can take a case.

You won't necessarily win it, though. And you cannot argue from the Act that allows for probation (maybe the Unfair Dismissals Act - I'm not sure). But maybe you can argue using a different one.

There was a lad in Galway who did just that -and he won because the employer didn't actually turn up. (A bit of a hollow victory for him, I think, because all his colleagues had opinions about his performance which they shared on Facebook.)

JigglyMcJabs

What was unfair about your dismissal OP?