Introduction
Anyone who works for an employer for a regular wage or salary automatically has a contract of employment. While the complete contract does not have to be in writing, an employee must be given a written statement of terms of employment within 2 months of starting work
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Probationary period
The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts 1997–2007 will not apply to the dismissal of an employee during a period at the beginning of employment when he/she is on probation or undergoing training provided that:
- The contract of employment is in writing
- The duration of probation or training is one year or less and is specified in the contract.
It’s almost impossible to dismiss an employee in Ireland after 12 months so employers have to decide if they are suitable for permanent employment during that first 12 month period.
Your friends employer probably saw that the fit wasn’t right. It’s not unfair dismissal.
Not true - this only applies where there is a written contract that specifies a probationary period. ...snip... In other words, there is no automatic probationary period: it has to be included in a written contact for it to have any effect.
2.—(1) This Act shall not apply in relation to any of the following persons:
a) an employee (other than a person referred to in section 4 of this Act) who is dismissed, who, at the date of his dismissal, had less than one year's continuous service with the employer who dismissed him and whose dismissal does not result wholly or mainly from the matters referred to in section 6 (2) (f) of this Act
Correct in relation to probation, but to take an unfair dismissal case, the 12 months service still applies in most cases. The Act itself states....
Is there anything to prevent employers hiring new staff for less than 12 months' and letting them go, on a continual basis - so that no rights are accrued?
Is there anything to prevent employers hiring new staff for less than 12 months' and letting them go, on a continual basis - so that no rights are accrued?
It would be quite common in certain multinationals to have people on temp contracts or via an agency for 11 months and then let them go. After 6 months they can then rehire them for another 11 months if they want to.
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