Reducing The Risks Of Dismissal During Probation

The recent High Court decision in O'Donovan v Over-C Technology Ltd & Anor [2020] demonstrates that terminating an employee's employment before the employee has accrued twelve months' continuous service can still create significant risks for an employer.

Employers generally seek to conclude an employee's probationary period (and any extension) before the employee has accrued twelve months' continuous service. This is because, in most cases, an employee is prevented from bringing a claim under the Unfair Dismissals Acts, 1977 to 2015 unless they have accrued twelve months' continuous service with their employer. However, there are a number of claims that an employee may take challenging their dismissal from commencement of employment, which are discussed below.