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anyone up on employment law?

3 replies

misshardbroom · 25/03/2009 20:05

If you're employing someone and they are on an initial (4 month) probation period, and they're just not measuring up, what can you do about it?

The contract states that during the probation period, either party need only give 1 week's notice.

However, it doesn't state the grounds on which (as the employer) you can give them their one week's notice. Do I need to go through all the full disciplinary procedure or can you just say 'sorry, it's just not happening?'

(or more articulate, professional words to that extent )

Help. Can't end up with a tribunal, I just can't face it.

OP posts:
wannaBe · 25/03/2009 20:08

the reason why people have probationary periods is to make it easier to get rid.

Essentially, you can say sorry, it's just not working, although you would be advised to have some evidence to back that up.

misshardbroom · 25/03/2009 20:09

woah, wannabe, you are super-quick!

so you think that the fact we've received a formal written complaint about this person (she's a nursery nurse) would suffice?

OP posts:
MrsHappy · 25/03/2009 20:10

Since you have employed the person for less than a year you can give them notice without going through the full procedure. The person will not have standing to bring an unfair dismissal claim (due to their employment being less than a year) unless they allege discrimination.

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