Dismissal From Employment on Probation-What You Need to Know

Dismissal From Employment on Probation-What You Need to Know


question I’m asked regularly it comes up
very very frequently is employees getting fired on probation what is the
remedy or what can I do many of these employees will have come across having
googled a search or done a search for getting dismissed on probation so I’ve
come across an article on my website employment rights Ireland dot-com would
sets out some remedies or various remedies that may be open to you if
you’re fired whilst on probation but I’m afraid that that article may have misled
people to a certain extent insofar as people seem to read into it what they
wish to read into it and even though I was looking at all of the options when
you get terminators on probation the bottom line is that if you were
terminated on probation you’re in a very very weak position and most of the time
I would say 90 percent perhaps 95 percent of the time I would be telling
the employee who inquires from me to just forget about us there’s no remedy
there’s nothing you can do and the law allows the employer to terminate an
employee whilst on probation for good reason for bad reason or for no reason
and the reason for that is quite simple the law recognizes that sometimes an
employee may not just be right for the employer he or she may not fit into the
company may not fit into the ethos or for any number of reasons may not just
be suitable and the law recognizes as well that there’s no point in putting
together or forcing an employer to take to hold on to an employee who is simply
not suitable so getting fired or getting terminated whilst on probation
unfortunately if you’re an employee you’re in a very very weak position and
there’s very very little you can do about it now I say very literally there
are two exceptions as I see to having some sort of a cause of action some sort
of claim if you’re on probation and they would be if you were dismissed even
though you’re on probation on a discriminatory ground whilst you’re on
probation if you’re dismissed on a discriminatory ground and it improved us
then you may well have some sort of a claim under the employment equality acts
so discrimination is one of the exceptions that I would see if you’re on
probation the other one is a whistleblowing situation in other words
there’s no specific employment duration requirement to bring a claim under
whistleblowing legislation so if you are fired for making a protected disclosure
even though you’re on probation and even though you don’t have 12 months or even
though you don’t have six months service in the employment you may be able to
bring a claim or you are able to bring a claim under the protection of protecting
the stories like 19 or 2014 but they are the only two exceptions as I see a
whistleblowing that is making a protected disclosure and be being
discriminated against otherwise if you’ve been dismissed quites on
probation my advice to you is just to accept this it’s unfortunate it’s
hurtful and I know myself from personal experience both the best thing to do is
to dust yourself down pick yourself up and move on because there really is no
remedies outside of the two circumstances that I’ve just told you
about I hope you find this useful if you do you might give us a thumbs up down
below and share perhaps with friends or whoever else may be
interested in thank you

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About the Author: Oren Garnes

6 Comments

  1. I got laid of for no reason but filled a complain for bully, discrimination etc, have all the notes I was making from the beginning so now the boss is in jeopardy since human rights and occupational health is looking into this. All you need to do is documenting every issue go to HR as early as you see problems and put a complain in and those are your back up files. Document everything from your number 1 day.

  2. You cannot discriminate people but come on there is no hope for some people in this world in certain jobs espeacially when working as a team when you have peoplw who have just came out of prison is there????

  3. usually you're better off getting dismissed and accept it. I just got dismissed at the end of probation… i was already thinking about leaving. First they became the toilet police… even though I am very reasonable on that… we're literally talking 1 or 2 quick toilet breaks in 4.5 hrs (never had an employer bring it up before, ever!)… then they started with vague instructions and demands.. (you're checking these too much… etc)… without clear instructions on how to do it to their requirements when asked ("Its hard to quantify"). When they did let me go they even said it was because I spent my lunch breaks alone instead of staying in the office and leaving the office on time instead of late! wtf! Did I get angry? No…. I just recognised I was not going to work with these clowns and that's a good thing! … all the while maintaining a friendly, yet politely defensive posture on the whole thing… ending on a positive note. Told them it was a lovely little company etc etc. Sometimes we're not the right fit. I was used to working for a big professional firm where managers don't care so much what you do with yourself as long as the work is done… they're not going to micromanage your toilet breaks… when you go etc. Any employer who tries to do that with me will meet a brick wall… it'll be a polite brickwall… but it will be a very firm brickwall and a very assertive one. if they chose to pull the eject chord under those circumstances… well that's fine with me. I should point out all my work was done on time and to a good standard… but in their words "they wanted more". Sometimes it may seem you cannot win… but you have because some employers you don't want to work for. If you have to cling on to a company that wants you out… its certainly not going to be a good workplace… something to think about.

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