Sacking?

JesseBirdsall

Bit of a moral and legal one here.

The company took on someone 6 months ago to do admin and the bosses do not appear to be happy with her. apart from a memo recording details of a review meeting with some pointers, no further action had been taken.

However, leaving the office the other day I saw someone turn up for an interview doing her role. She is not aware the company are looking for a replacement but surely this is illegal? mentioned it to the boss and he says he has a year to get rid of someone.

Ant thoughts

dmg24

It is not illegal to interview someone for a role that is already filled, though it is immoral (which is largely irrelevant in the business world).

It is very easy to get rid of someone in their first year of employment. The only protection that the employee has is if they are dismissed for discriminatory reasons.

Skint_Catt

She needs to find out where 'her' job was advertised. She could then take them to a tribunal if they then do 'get rid of her' as they haven't followed the proper performance/disciplinary procedures.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026692

Ishtar

This doesn't sound too good. OH had a similar problem in that they needed to let an employee 'go' after 4 months due to his unsuitability for the role, but they had to follow a disciplinary procedure - ie. giving him the opportunity improve his performance.

It would be worthwhile checking ACAS here, which also has links to other sites. There's an interactive tool covering correct termination of employment here

D

Skint_Catt

dmg24 wrote: »

It is very easy to get rid of someone in their first year of employment. The only protection that the employee has is if they are dismissed for discriminatory reasons.

Not entirely true. It's 'easier' but they still have to follow procedures.

dmg24

Skint_Catt wrote: »

She needs to find out where 'her' job was advertised. She could then take them to a tribunal if they then do 'get rid of her' as they haven't followed the proper performance/disciplinary procedures.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026692

Are they going to magic away the fact that they have not been there a year?

dmg24

Skint_Catt wrote: »

Not entirely true. It's 'easier' but they still have to follow procedures.

The OP has not said that they have not. Interviewing someone with the possibility of it being for the same role is not grounds for taking an employer to tribunal.

It should also be noted that, even if the disciplinary procedure is not correctly followed, it is a valid defence on the part of the employer that the employee would have been dismissed had the correct procedure been followed.

Too many people jump on the 'let's go to tribunal' route without knowing what they are talking about. :rolleyes:

Skint_Catt

Lol, I know what I'm talking about. The OP has stated that they had a meeting and given some 'pointers' no further action has been taken. This means procedures haven't been followed!

She's been there 6 months - depends whether she's on a fixed term contract or whether the original position was to be a permenant one.

Its fine for the employer to provide a defence - but the employee usually walks away with something regardless

alwaysonthego_2

I would agree with Dmg employees have very little rights if they have served less than a year and only can really take a company to a tribunal if it is related to sexual/racial discrimination and this needs to have good evidence.

Spirit_2

If an employer dismisses you within one year you do not usually have the right to go to a tribunal. However where the dismissal is directly due to discrimination the one year rule is set aside by a lot of equality legislation . This link lists most of them http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page30887.html#What_is_reasonable_procedure

If however you have worked for less than one year, and are not suited to the work/just not very good at the job (in the opinion of the employer) the employer can dismiss you. They do not even have to tell you why in writing unless they choose to do so.

Unless the employee with 6 months employment is being discriminated against, there is no protection, no unfair dismissal and no right to apply to a tribunal.

cazziebo

Skint_Catt wrote: »

Lol, I know what I'm talking about. I don't think you do, and it's dangerous to give advice when you don't have the facts The OP has stated that they had a meeting and given some 'pointers' no further action has been taken. This means procedures haven't been followed! Do you have access to these specific company procedures?

She's been there 6 months - depends whether she's on a fixed term contract or whether the original position was to be a permenant one. nope - rules are the same if the employer is the same ie not agency

Its fine for the employer to provide a defence - but the employee usually walks away with something regardless

Not in my experience. The employer can let someone go with no justification for dismissal, as long as this occurs within first year of employment. Only exception to this is if discrimination is suspected.

It's not illegal - and in fact is often prudent - to find a replacement for a key role before letting the incumbent go. I'm all for giving people due chances. Sounds as if this person has had counselling on performance, it's been documented and if there's been no improvement then the company is quite justified in letting someone go rather than invest more time and money in her. Much better to manage this situation early in a career than have a poor performer stick around and increase the workload and stress of colleagues.