question I'm asked regularly it comes up very very frequently is employees
getting fired on probation what is the remedy or what can I do many of these
employees will have come across having googled a search or done a search for
getting dismissed on probation so I've come across an article on my website
employment rights Ireland dot-com would sets out some remedies or various
remedies that may be open to you if you're fired whilst on probation but I'm
afraid that that article may have misled people to a certain extent insofar as
people seem to read into it what they wish to read into it and even though I
was looking at all of the options when you get terminators on probation the
bottom line is that if you were terminated on probation you're in a very
very weak position and most of the time I would say 90 percent perhaps 95
percent of the time I would be telling the employee who inquires from me to
just forget about us there's no remedy there's nothing you can do and the law
allows the employer to terminate an employee whilst on probation for good
reason for bad reason or for no reason and the reason for that is quite simple
the law recognizes that sometimes an employee may not just be right for the
employer he or she may not fit into the company may not fit into the ethos or
for any number of reasons may not just be suitable and the law recognizes as
well that there's no point in putting together or forcing an employer to take
to hold on to an employee who is simply not suitable so getting fired or getting
terminated whilst on probation unfortunately if you're an employee
you're in a very very weak position and there's very very little you can do
about it now I say very literally there are two exceptions as I see to having
some sort of a cause of action some sort of claim if you're on probation and they
would be if you were dismissed even though you're on probation on a
discriminatory ground whilst you're on probation if you're dismissed on a
discriminatory ground and it improved us then you may well have some sort of a
claim under the employment equality acts so discrimination is one of the
exceptions that I would see if you're on probation the other one is a
whistleblowing situation in other words there's no specific employment duration
requirement to bring a claim under whistleblowing legislation so if you are
fired for making a protected disclosure even though you're on probation and even
though you don't have 12 months or even though you don't have six months service
in the employment you may be able to bring a claim or you are able to bring a
claim under the protection of protecting the stories like 19 or 2014 but they are
the only two exceptions as I see a whistleblowing that is making a
protected disclosure and be being discriminated against otherwise if
you've been dismissed quites on probation my advice to you is just to
accept this it's unfortunate it's hurtful and I know myself from personal
experience both the best thing to do is to dust yourself down pick yourself up
and move on because there really is no remedies outside of the two
circumstances that I've just told you about I hope you find this useful if you
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