Quick questions regarding dismissal

[gabyzaky]

Looking for some quick answers, getting conflicting info from Google.

Employee has been employed for 6 weeks. No contract signed.

1. Can he be dismissed without proper investigations/letters/meetings regarding poor conduct? (He has been spoken to in passing but not formally)

2. Is the employer legally obliged to pay a weeks notice?

Thanks in advance

Yes I think you can be let go for anything before two years although lots of employers wouldn't do that for fear of a legal case, unfair dismissal etc It would be much better for the employer to follow company procedure

I would expect them to give the notice required in the contract they SHOULD have been given

And actually both sides may be bound by the contract anyway regardless of whether signed, if both parties agreed to the employment

Who are you in this scenario? There is a two year service requirement to claim unfair dismissal but there are exceptions to that.

Yes sorry I meant unfair dismissal if in regard to a protected characteristic (sex, disability etc)

Generally an employee can be dismissed for any reason, however unfair, until he or she has been employed for two years, except I'd the dismissal relates to certain protected characteristics.

Notice must be paid unless it is a dismissal for gross misconduct.

Caveat: these are very general answers given without knowing the relevant facts. The CAB advice guide website is useful for employment stuff.

Not unfair as in the employee is not good at his work. No other reason. He is sloppy and careless with procedures and in one instance put someone else in danger.

But is if morally if not legally unfair to dismiss without official warning?

I am not involved directly, just an outsider looking in from employers point of view.

Has he been given the right training? Inducted properly? Relevant safety training done? Enough time to get to know the role? It's only been six weeks

I got fired once, a week (or maybe two) into a new job. The bitches hadnt trained me, just expected me to be psychic. Dismissed my questions and were generally all round dicks! Gave me no chance at all and I had to fight them to pay me my notice (was marched out middle of the day). Big famous publishing house. Bet they're still there.... Hags

I digress!

I would want to make sure everything has been done by the book but if it's just been a bad hire then it would be ok to get rid, fairly, with decent notice paid.

They don't sound like a good employer - not sorting contract so maybe they haven't done the training,inducting, mentoring etc

3 weeks training, off site, put up in hotel etc so not skimped on there. Also require a professional qualification to do job which he had prior to starting.

So - just a bad hire - is notice required? Employer are trying to say that this is not necessary. Yup, bit of a shit company, not small either but apparently do not have an HR depth at all?

If the person put someone else at risk then that could be grounds for immediate suspension and presumably also for dismissal outside the two years. Are we talking about someone who has to have professional registration as in a nurse? Because that would be an issue for the professional body as well. I guess a union would be able to answer your questions.

As you're asking from the employer's point of view, I'm sure if they want to make sure they are acting lawfully they can take proper advice.