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ARTICLE · 22 JANUARY 2019

Absence During Probation

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Many employers hold the mistaken view that they can easily dismiss an employee during their probationary period, as the employee does not have recourse to the Unfair Dismissals Acts 1977 - 2015.

IrelandEmployment and HR
Antoinette Vahey
Antoinette Vahey
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Many employers hold the mistaken view that they can easily dismiss an employee during their probationary period, as the employee does not have recourse to the Unfair Dismissals Acts 1977 - 2015. However, this does not give an employer carte blanche to dismiss during probation. Employees have recourse to other legislation, most notably the Employment Equality Acts 1998 - 2015, Industrial Relations Acts 1969, as amended, and the Protected Disclosures Act 2015, none of which has a minimum service requirement.

Where an employee is on medically certified absence during probation and is dismissed as a result of this absence, the employee could pursue a claim for discriminatory dismissal under the Employment Equality legislation, applying the 'disability' ground. Disability has been broadly interpreted by the WRC and its predecessor the Equality Tribunal, and it is likely that where an employee is ill and obtaining medical treatment, this will bring him or her within the

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