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Fair or Unfair Dismissal??

Some employers are under the impression that you are able to dismiss an employee for any reason if they have less than two years of service – this is not necessarily the case. In previous blogs, we have discussed fair and unfair dismissals and advice on how you should handle them, a lot of what we discussed is still applicable to this situation.

Although the employee may not be able to appeal with an unfair dismissal claim, if the reason for which you dismissed the employee is in any way discriminatory or deemed as unlawful, you can still be taken to a tribunal trial regardless of the length of service.

Some reasons which can be considered discriminatory are:

  • If the employee is pregnant, or the employee has recently given birth
  • The race, nationality or gender of an employee
  • The sexual orientation of an employee
  • Their faith or religion
  • Age
  • Disability
  • Marital or civil status

Employers can often find themselves in trouble even if there is a genuine reason for dismissal but they do not follow all of the appropriate practices and procedures.  Failure to follow due process can ultimately lead to an appeal. Employers should always remember to keep any proof and evidence of the actions that they have taken against the employee and the reason for which they are dismissing the employee.

Even though an employee may have been with your company for less than two years, you still must respect their employee rights, which will have been laid out in the employment contract or company handbook. Irrespective of their length of service, employees have the right to all of their contractual pay up to the time that their contract is finished, including any holiday pay that they may be entitled to.

Hints & Tips

1.       Keep it Simple!

2.       Always check with a HR professional before any dismissal

3.       Always follow the appropriate practices and procedures

4.       Abide by the contractual agreement

5.       Keep a record of all correspondence

 

You must always be cautious when you are dismissing an employee and follow all of the rules and regulations whilst abiding by their contractual agreement, regardless of the length of service of the employee.

We recommend that before taking any of these steps, you contact one of our chartered HR Consultants today who will be happy to give you advice.  frenouf@simplehr.co.uk

 

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