On probation and not performing? Employers breathe a sigh of relief as fair procedures not required says the Court of Appeal
The Court of Appeal has issued a landmark decision on dismissals during probation, overturning the High Court's decision in O'Donovan v Over-C Technology Limited and Over-C Limited. In a clear and direct judgment, the Court of Appeal outlines that an employer may, if it is contractually free to do so and upon giving adequate notice, terminate the employment of an employee on probation for any or no reason without affording the employee fair procedures (provided the dismissal is not for misconduct). In this publication we take a look at the decision and its implications for dismissals during the probationary period.
For more information on this topic please contact Duncan Inverarity, Partner, Maria Pittock, Associate or any member of the ALG Employment team.
Date published: 19 February 2021