Business matters: How to dismiss someone who is on probation

The following is the first in a quarterly series offering advice on personnel and business matters as they pertain to tyre entrepreneurs today. This month the emphasis is on the whys and wherefores of hiring and firing, but equally there are other areas likely to be addressed in association with the consultants at Peninsula over the months to come.

Starting at the beginning… It is important to note that probationary reviews can only be used if it is expressly stated that a new starter’s continued employment with the company is subject to satisfactory completion of a probation period. If a new starter was not taken on with a probationary period then it may be more appropriate to consider formal disciplinary action against an employee.

Probation review dismissals operate on the basis that staff members who have less than 1 year’s continuous service do not have the right to claim unfair dismissal and so where the employee’s underperformance, high levels of absence or misconduct ordinarily warrants a level of warning under the disciplinary process, the employee can be dismissed for this and would not be able to complain of unfair dismissal at Employment Tribunal due to them not having the necessary qualifying rights to bring such a claim at tribunal. When dismissing an employee, even when in the probation period, Peninsula recommends that it is best practice to follow a basic procedure in order to effect the dismissal.

Probation review dismissals work on the basis that staff members in question do not have a year’s service, and so therefore cannot ordinarily claim unfair dismissal. As such, dismissals can occur much easier than would otherwise safely occur for someone who has in excess of a year’s service who can make a complaint of unfair dismissal.

However, whilst staff members who are under a year’s service do not usually have any rights to claim unfair dismissal, they do have an ability to complain of unfair dismissal in some very limited circumstances and have an ability to bring a certain limited number of other claims from day one of employment.

For a business trying to move forward, the last thing you want is to be caught up in employment law and health and safety issues. In order to help with this Peninsula have a Legal Advice Line Service available to help you with any type of Employment Law or Health and Safety query, 24 hours a day, 365 days a year. They offer advice on redundancy, disciplinary procedures and the Equality Act, to name a few. They are also on hand to give employers guidance on formal letter creation and proof legal documentation for clients. Their Health & Safety Consultants in the field carry out inspections and analyse clients’ needs, followed by regular visits to set up, and maintain manageable health and safety systems within their workplace.

To find out more about the services Peninsula can offer your business, please contact 01618279915 to arrange a free one hour consultation at your premises quoting reference TP01.

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