There have been significant changes to employment law over the
last couple of years with more change still to come. Three
key changes to be aware of:
1. Trial periods
Employers using 90-day trial periods must comply with certain
- A trial period may only be used for a new employee. An
employee who has previously worked for that employer cannot be made
subject to a trial period.
- The employee must be given a copy of the employment agreement
long enough before they start work to be able to read the agreement
and seek advice about it.
- The employee must sign the agreement before they commence
Failure to comply will mean that the dismissal is
2. Provision of information
Any time an employer considers dismissing an employee, the
employer must provide all relevant information in relation to the
possible dismissal, even if the information would ordinarily be
considered confidential or commercially sensitive. This is to
allow employees to challenge or change the employer's view before a
decision is made.
Until recently, an employee could be dismissed if the business
could be run more efficiently without them, and the Employment
Court would not examine an employer's accounts. Now, if an
employer relies on cost-cutting to justify a redundancy it must be
able to produce evidence of its poor financial position. If it
cannot, the dismissal will be unjustified.
For more information, check out Shima's full article here.