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Unwilling to engage in Formal Probation Process

I was hoping someone could advise me on what you can do in this situation if the employee is employed for a company in republic of Ireland.

I have a manager who is 2 and half months into their probation period.  Serious concerns were raised that what she said she could do at interview were not being put into practice in the workplace which is a problem as these concerns are around the backbone of the job she has in the company.  So we scheduled a formal probation meeting, detailed the concerns, gave the right to be accompanied and advised that depending on the content of the meeting, then one possibility was that we could terminate the employment.  On the morning of the scheduled meeting they emailed me to sat that they had decided not to engage in the process as doesn't agree with what was said or that we were calling a formal meeting to discuss.  I reached out and encourages her to reconsider and explained that it was important that she was able to present her case and put it off for 2 days to give her a chance to reconsider attending and also gave her the option of submitting a response to the concerns in writing if she wasn't willing to attend in person. I made her aware that the rescheduled meeting would go ahead even if she didn't engage or put in a written submission.  today she has rang in and said that her Dr has given a sick line for 2 weeks.  Can we still go ahead with the meeting we scheduled even though they are off sick or does anyone have any other advice they can give me?  

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  • Hi Louise

    My experience is UK - only, where there’s no risk from unfair dismissal claims within first two years and in this scenario it appears that employer might seriously consider simply terminating the employment - with the only caveats being perhaps any possible contractual constraints on doing so or any unlawful discrimination possibilities.

    Assume ROI employment law is much the same but no idea.

    Looks as if your employers made a badly wrong hiring decision here and it may be worth looking at the possibilities of better avoiding doing so in future
  • In reply to David:

    Yes they definitely made a bad decision, which they hope to remedy next time, I personally think the wrong questions were asked at interview which I am going to look at with them, they seems to easy to me. ROI law seems to be a bit different than UK/NI that I am used to and there isn't much assistance out there for employers to help with this.
  • Lisa

    | 0 Posts

    CIPD Staff

    18 Feb, 2022 14:42

    Hi Louise,
    It might be worth a call to the Employment law helpline- 1800 812 603
    Best,
    Lisa, CIPD Ireland
  • i had thought about that but im a uk member and dont think I can access it
  • In reply to Louise:

    There isn't a huge difference between UK & ROI employment law - there certainly wasn't when I lived there!!

    When she decided not to 'engage', in the process, I would have told her that she has no choice. In effect it perfectly clear that refusal, is refusing a reasonable management request. She cannot just please herself which rules. policies, procedures etc., she will or won't partake in. If she'd persisted, I'd have reminded her that failure to follow a reasonable management offence is considered a disciplinary matter, that could result in her dismissal.

    And if she continued I'd dismiss her.

    I can't help but wonder why you are allowing them to dictate what happens in your workplace.

  • I agree shouldnt be allowed to dictate but manager didnt agree with me to go ahead and dismiss when she took sick to get out of the rescheduled probation meeting so being given another chance to engage, which i would definately not of done