An Employer can employ a new employee for a period of up to 90 days on a trial period under the following conditions:
- The person must be a New Employee, no previously employed by the Employer/Company.
- The trial must be agreed upon in the written employment agreement before the employee starts work.
- If the trial period is valid the employee is not able to take a personal grievance for unfair dismissal if they are dismissed during the trial period.
- A Notice Period still needs to be specified in the Employment Agreement and must be adhered to or the notice should be paid out.
The Employee MAY still be able to take a Personal Grievance against the Employer if the Employer doesn’t meet the above criteria.
Even if you’ve got a 90-day trial period in your agreement, getting fired shouldn’t come as a surprise!
Your employer still has an obligation to ensure that you have the tools and equipment to do your job, that they provide any training or coaching that is appropriate to ensure you’re successful in your role, that if there are issues or concerns with any element of your employment, that they’ve raised them with you and given you the opportunity to rectify any concerns.
We find that more often than not employers are breaching their obligations in relation to how they treat their employees when there is a 90-day trial provision in the agreement. There’s a good chance that your termination may be unjustified if the provision in your agreement is found to be invalid. We can have a look at your employment agreement and talk you through a potential course of action. If in doubt give us a call on 0800 669 466