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Paul Voakes
Member - 4 posts
Does an employee have the same right to claim unfair dismissal if they are in a probationary period or employed for less that a year?
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David Woollcott
Member - 10 posts
An employee with less than one year of continuous service will not normally have the right of unfair dismissal under s.108.1 ERA 1996. In brief, there are, however, a number of exclusions which include:-
* membership or proposed membership or activieites associated with an independent trade union
* activities associated with preventing or reducing risks to health and safety at work
* dismissal for bringing tribunal proceedings against the employer either to enforce a statutory right (of which there are a number but please check) under the ERA 1996, or for alleging that the employer has infringed an employment protection right of the employee
* dismissal for pregnancy or maternity-related grounds during her pregnancy or statutory maternity leave period
* arising from suspension on medical grounds of an employee as a result of a statutory requirement, or of any recommendation in any provision of a code of practice issued under the Health and Safety at Work Act 1974, if the employee has completed one month's continuous employment (s.108(2) ERA 1996
I hope this brief summary is of help.
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Anonymous
Thanks for your help and the speed of your response.
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