Dismissal procedures

londonman81

I am trying to establish the correct process that a firm must take when considering dismissing a member of staff.

In particular, would a firm be entitled to dismiss the member of staff without any kind of warning (assuming there were no conduct/behavioural issues)?

Thanks!

anamenottaken

londonman81 wrote: »

I am trying to establish the correct process that a firm must take when considering dismissing a member of staff.

In particular, would a firm be entitled to dismiss the member of staff without any kind of warning (assuming there were no conduct/behavioural issues)?

Thanks!

Certainly within the first two years of employment a firm can give notice to dismiss staff for any reason (other than prescribed illegal discriminatory ones) without warning (unless you are using "warning" to mean "notice"). No notice is required if the employee has been employed for under a month. That is in relation to unfair dismissal.

There could also be a matter of wrongful dismissal. That is about what is required by the contract of employment. What is written in the particulars of employment provided to the employee about the procedure?

londonman81

anamenottaken wrote: »

Certainly within the first two years of employment a firm can give notice to dismiss staff for any reason (other than prescribed illegal discriminatory ones) without warning (unless you are using "warning" to mean "notice"). No notice is required if the employee has been employed for under a month. That is in relation to unfair dismissal.

There could also be a matter of wrongful dismissal. That is about what is required by the contract of employment. What is written in the particulars of employment provided to the employee about the procedure?

The employment contract does not provide much guidance on this matter.

So, by the sounds of it, a member of staff could turn up to work one day and be told out of the blue that they are no longer needed? Or would some prior 'heads-up' need to be given?

Emmzi

It depends why you are telling them they are being asked to go. Please explain the situation properly so we don't give duff advice!

dawyldthing

i'm intregued by this question as i know a friend thats just had to go sick, shes 2 days before the end of her 6 month probation, but stress from all directions has taken over her life so she is now petrified of losing her job from this as the doctor has signed her off for 2 weeks (she didn't ask for it mind, just the doctor thought she needed it due to the situations she is in) and its been a rocky 6 months anyway

marybelle01

anamenottaken wrote: »

Certainly within the first two years of employment a firm can give notice to dismiss staff for any reason (other than prescribed illegal discriminatory ones) without warning (unless you are using "warning" to mean "notice").

It's one year, not two. The two years only comes in on 6th April and only for people employed on or after that date.

anamenottaken

marybelle01 wrote: »

It's one year, not two. The two years only comes in on 6th April and only for people employed on or after that date.

You are, of course, correct.

At the moment, the two years is for entitlement to statutory redundancy pay etc.

t0rt0ise

dawyldthing wrote: »

i'm intregued by this question as i know a friend thats just had to go sick, shes 2 days before the end of her 6 month probation, but stress from all directions has taken over her life so she is now petrified of losing her job from this as the doctor has signed her off for 2 weeks (she didn't ask for it mind, just the doctor thought she needed it due to the situations she is in) and its been a rocky 6 months anyway

Sounds like she shouldn't be waiting to get sacked but should be looking for different work that she doesn't find stressful. Going sick for stress reasons in the first year is not really a good idea. Going sick for stress reasons any other year is also not a good idea if you need a reference from the employer.