Many employment contracts contain a probationary period for new employees. Often this will be a three or six month period that the employer will use to monitor the employee’s performance and which, in some cases, can be extended when the performance is not satisfactory. When the employee performs poorly can the employer use the probationary period for dismissal?
As probationary periods can only run for a reasonable amount of time and are used mainly for new employees it is highly unlikely that the employee will have worked the two continuous years needed to gain the right to claim for unfair dismissal. This makes terminating the employment contract somewhat easier for the employer. However the employee can still claim where dismissal is deemed to be automatically unfair or is due to discrimination in relation to a protected characteristic.
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