the regular problems that I hear employers playing above is the
difficulty to have in terminating the employment of a suitable or unsuitable
employee and they have a view and it may be certainly understandable that a lot
of the employment legislation in Ireland is stacked in favor of the employee and
makes it difficult for an employer to pick and choose who they want to employ
and terminate employment when and if the need arises because there are very sort
of specific prescribed circumstances in which you can terminate the employment
of somebody and outside of us it can be difficult in this video if you're an
employer small employer you're concerned about this i'm going to give you two
tips which might prove useful first thing is when you're giving a contract
of employment to your employee make absolutely sure you've got a good robust
probation closet this clause initially will probably be
for six months but you should ensure that it's extendable to 11 months this
gives you plenty of time to ascertain and decide whether the employee is right
for your business or not you can figure it out in 11 months well then you have a
difficulty but you should be able to sort it out in 11 months and decide
whether the employee is right for you or not the second thing or second aspect of
the probation clause is that you want to make sure that it makes provision for
termination during the probation period on one weeks notice i have seen
contracts of employment where there is a probation period in the contract but to
don't make provision for a specific notice period during probation and the
contract itself then has an office period of either a month or perhaps
three months and in that situation it's actually very strongly arguable I
believe by the employee that even though they are being terminated during
probation in the absence of a specific termination period or novice period of a
week then the employee is entitled to either the month or three months
whatever is provided for in the contract of employment itself otherwise it would
in my view will be a breach of contract situation so what's the first thing that
you need to do with a small employer and you're concerned about being able to
terminate employees or not the second thing you could do is consider the use
of fixed-term contracts so at the outset the contract is going to be for either
one year or two years or whatever period of time suits you and suits your
business but the bottom line is that on the expiry of the sixth term it's no
obligation on you to renew the contract and the invoking of the unfair
dismissals legislation would be set aside by a specific clause in the
contract which would say that the unfair
dissensions legislation will not play simply view to the termination of the
employment contract on the expiry period you know coming around so if it's at the
end of 12 months at the end of two years once that period is up the contract
terminates automatically and the employer has the opportunity to renew
earth to extend it or not to do so both he will have set aside if the contract
is drafted correctly you have set aside the unfair dismissals legislation being
used simply because the contract is not being renewed so if you're an employer a
small employer things are not quite as bad as you may think what you do need to
be sensible and careful and prudent at the outset in granting or giving
contracts of employment and to summarize I would recommend that you consider a
well draft and robust probation period which would allow you to decide whether
the person is right for your business or not and also allow them to decide
whether you write for them or not and secondly you could use fixed-term
contracts quite widely I hope you find this video useful we do you might give
us a thumbs up down below and subscribe to my youtube channel i'm terry gori my
solicitor and entering economies and do quite a bit of employment law and law in
relation to small business property and so