The outcome from my earlier thread....

the whole "new mechanic" thing doesnt wash with me.

If you're new, you're ultra careful, want everything checked, eager to please.

if you're new you don't go round breaking trim, breaking plastic cable connectors, drilling holes into exhausts, chopping stuff about and generally bodging it.

Somebody who does that is complacent that the standard of their work doesnt matter, and if it does get found, they won't have to face any repercussions.
 

Thats not a true statement. Automatic unfair dissmisal only kicks in if the employer sacks someone because of very specific reasons such as discrimination. If the employer believes your work is substandard and you have been in the business for less than 12 months they can fire you on the spot (so long as they follow their own procedures and custom/practise) without written reasons for doing so.

It even says that in those links.

From your link

"If you have not been dismissed for one of the reasons above (see under heading Step four: What is the reason for the dismissal and is it one which means the dismissal is automatically unfair), then the dismissal may have been fair or unfair depending on the reason for it and the procedures followed by your employer in dismissing you. If the reason for the dismissal was not one of those above (see under heading Step four: What is the reason for the dismissal and is it one which means the dismissal is automatically unfair), you will have to have worked for one year for your employer in order to make a claim to an employment tribunal.

Reasons for claiming unfair dismissal where you will have to have worked for one year to be able to claim are:-

your employer says you are not capable of doing the job (see below)
your employer says you do not have the necessary qualifications to do the job (see below)
your employer says your conduct has been poor (see below)
your employer says you have done something illegal (see below)
your employer says you are redundant (see below)
some other reason your employer has given for dismissing you."

Unfortunately ive had to do this a couple of times :o
 
Considering the mechanic responsible was there for three weeks, if I was the owner of the garage that did the work, I'd be recalling any cars he had worked on to go over the work and make sure it was up to code/scratch. Particularly if he'd done any work with electrics and in the engine bay.

Glad you got it all sorted though. As the mechanic was so promptly fired, the report the other mechanic you got to do the write up must have been quite damning (along with the pictures of the work).
 
Thats not a true statement. Automatic unfair dissmisal only kicks in if the employer sacks someone because of very specific reasons such as discrimination. If the employer believes your work is substandard and you have been in the business for less than 12 months they can fire you on the spot (so long as they follow their own procedures and custom/practise) without written reasons for doing so.
It is a true statement. You said:
its actually spectacularly easy to fire someone with less than 12 months on the payroll under UK law and your dont need much/any justification.
I then said:
Not really, if you tried to do it immediately. You'd be creating an automatic unfair dismissal situation
If you have an employee and you terminate their employment without any justification (as you gave as an option), then if you tried to do it immediately (as I conditioned it), for any employee with over 1 month of service you'd be in violation of statutory notice period which would be automatic unfair dismissal. If you attempted to terminate them without written reasons why you would open yourself up to an unfair dismissal claim and be forced to provide justification. This is why there's effectively no way to terminate on the spot after 1 month and not provide justification - you can be subsequently forced to in order to defend yourself.
 
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It is a true statement. You said:I then said:If you have an employee and you terminate their employment without any justification (as you gave as an option), then if you tried to do it immediately (as I conditioned it), for any employee with over 1 month of service you'd be in violation of statutory notice period which would be automatic unfair dismissal. If you attempted to terminate them without written reasons why you would open yourself up to an unfair dismissal claim and be forced to provide justification. This is why there's effectively no way to terminate on the spot after 1 month and not provide justification - you can be subsequently forced to in order to defend yourself.

Seems to me that we both understand how it works. I think the takeaway id like to give anybody who doesnt know how it works is that you can be fired for pretty much anything within 12 months. There are gotchas in that, and process needs to be followed but an employer who understands the rules and how to work them can make it happen without the employees feet touching the ground.
 
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