Armchair Lawyers Part 2: Sacking a new staff member

unwashed potato!

unwashed potato!

unwashed potato!

Soldato
Joined
12 Feb 2006
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Surrey
just a quick one.

In our contract for this staff member we have them on a 6 month trial. it states in that time we can let them go should it not work out. It's not working out for various reasons, they're to blame, we're to blame it doesn't matter, what does matter is we've given them the opportunity and unfortunately in this situation it's not worked out as we'd both hoped.

i'm going to have a final meeting with them about this, but wanted to double check from people on here who might know better.

the person has been employed now since September, so not very long and still within the trial period. If we say it's not worked out and would like them to leave, do we need to provide a good, provable reason to let them go without it coming back to bite us should they turn nasty? the contract says we can let them go in that time without reason, but want to check that is actually the case by the law that we're allowed to actually do that.

i'd be looking to have them finish over the Christmas period due to how we break over that time it would make most sense for all, and allow plenty time for both to find new work.

is only menial basic minimum wage skill less work.
 
When I've been involved in this before we used to say that their probation had come to an end early as it "didn't work" and that was it.
 
Its a shame you felt they were good enough to work basically 4 months for you and then just decide its not working. Nice of you to let them work over Xmas though...

When will you tell them it ain't working? Xmas eve?

If you were a decent employer you would try give them as much notice as possible...so they can find another job.

I bet they are thinking everything is hunky dory as well lol...
In my day...if it wasn't working we let them know in a few weeks...not exploit them for months.
 
Surfer said:
Its a shame you felt they were good enough to work basically 4 months for you and then just decide its not working. Nice of you to let them work over Xmas though...

When will you tell them it ain't working? Xmas eve?

If you were a decent employer you would try give them as much notice as possible...so they can find another job.

I bet they are thinking everything is hunky dory as well lol...
In my day...if it wasn't working we let them know in a few weeks...not exploit them for months.
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What he said.

Your basically OK to use them up to the Xmas period and sugar coat it as giving them time but that comes across as BS. You want to keep them as I assume you've got a lot of work on and don't want to let people down you'll then have a replacement ready to go for after Xmas and you'll be hunky dory with cover.
 
The problem with letting them know long in advanced is that it opens up more problems with lack of work ethic, things going missing etc.

There's a reason that even for basic jobs, it's best to throw them on a weeks gardening leave and take that one week hit as opposed to leaving them to work their notice.
 
I have come to ask legal advice on a sensitive work subject. I wont go into details so as to remain anonymous but i will however list my company website and location in my profile...

Ohhh what a coincidence, i actually know someone who works for you, though not well :)

I am sure you have your reasons but you should be fair as possible to them.
 
I am pretty sure now days companies for the first two years of employment can get rid of an employee with no warning and no requirement to pay redundancy (apart from giving the required notice period by law)

After two years your employees are protected and have to be paid stat redundancy.

just be careful and do everything by the book (and not based on advise from OCUK) so to avoid any unfair dismissal claims.

Try this
 
It's confusing to me how you're willing to let them work until Christmas, but they're not good enough for the job permanently. They can't be that bad if you're willing to let them work another month? I can't envisage a situation where someone is so bad at a menial minimum wage job they're beyond coaching so they can perform it at an acceptable standard.
 
Tell them what a **** house they are and how the company cant afford their mistakes and you've seen circus dogs with more brains than them.

That will take their minds off being sacked at Christmas.
 
Sounds pretty low, even if legal. Let them know now if they are not good enough. If you are willing to keep them on for another 7 weeks then they can't be that bad.
 
SpeedFreak said:
Sounds pretty low, even if legal. Let them know now if they are not good enough. If you are willing to keep them on for another 7 weeks then they can't be that bad.
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Exactly, sounds like pure greed to me, keep them on for the busy run up to xmas and then give them the bullet just before they break for the holidays. really nice.

Im glad I dont work for the OP, his whole post stinks.
 
enigma27 said:
I am pretty sure now days companies for the first two years of employment can get rid of an employee with no warning and no requirement to pay redundancy (apart from giving the required notice period by law)

After two years your employees are protected and have to be paid stat redundancy.

just be careful and do everything by the book (and not based on advise from OCUK) so to avoid any unfair dismissal claims.
Click to expand...

The 2 years you mention is the minimum time you need to be in continuous employment to bring an unfair dismissal case - so no, he won't face an unfair dismissal case no matter how stupidly he handles it.

He could however face constructive dismissal, if the guy has grounds to quit and has been treated unreasonably / harassed. There are also race/age/sex discrimination laws he can claim under - if for example he felt he was actually sacked because of one of these protected categories.

The biggy for the OP though is wrongful dismissal - if your contract/written statement/employee handbook says you give 1 months notice, that is what you give, unless you have a strong case for gross misconduct (normally theft or violence).
 
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