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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 13119
Experience:  Barrister 17 years experience
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We are letting go of an employee who is still in the

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We are letting go of an employee who is still in the probationary period however there is no written contract in place. Is there any risk of penalty?
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: yes
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employer
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not to my knowledge, no

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. There is no risk of a penalty in letting go an employee on a probationary period, because, until the probationary period is over, the employee does not have full employment rights.  Essentially, the fact of the probationary period allows you to terminate the employment relationship should you deem this necessary, without there being any comeback for the employee.  So, there is no risk of a penalty if you get rid of an employee on a probationary period.  Be aware additionally, that all employees, including probationary employees, have a right to a copy of their employment contract.  So, if there is no written employment contract, you should prepare one, in case the employee requests a copy of it, because you are under an obligation to provide one, should one be requested.

2.  If you require any further clarification of the answer or if there is any other issue arising from your question, I am happy to provide further information to resolve your difficulties.

Customer: replied 18 days ago.
Hi Buachaill, thank you for your reply. So we shouldn’t have any issues even if we don’t have a written contract in place? I mean I have one but just not signed by either of us. I hadn’t yet given it to the employee.

3.  A contract does not need to be signed to evidence the terms and conditions applicable to the employee.  Essentially, it can have been agreed by the taking up of employment.  So, you should give this contract to the employee.

Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 17 days ago.
Thank you Buachaill for all the advice. You are very knowledgable.