don't know if anyone remembers..

[coolma]

...but quite a while back (don't know how to search so not sure quite when!) I posted about a new bloke at work who I was dreading having to manage and what a nightmare he was. Well, yesterday my director and I sacked him . I'm becaue I was right and he was hopeless, drove everyone mad and simply couldn't get his head around the idea of relecting on his work or actually listening to anyone, but he did actually try really hard in the end. it was awful and he cried and I felt terrible. He was well within his probationary period so we could do it, but it appears he he will try to sue us! I'm pretty sure he can't but does anyone know the actual law on this?

If he has less than a year's service he has no employment protection so you can sack him for whatever reason you like. As long as you pay him contractual notice etc he has no other comeback.

If has more than a year's service has protection against unfair dismissal so you would need to go through fair dismissal process - series of warnings, setting realistic targets, giving adequate time and help to improve performance etc. As long as you do this you can certainly dismiss someone for poor performance.

I believe he can go for unfair dismissal in the first year but only on the grounds of discrimination. Is her pursuing something like that?

Remembering the previous thread, cant see how he could claim discrimination - he was overqualified for the job and basically saw the job as beneath him and refused to follow the direction of the OP who was his boss.

That's right cant, although it turned out he had made a fair few 'misrepresentations' on his application and was nowhere near as good as he had suggested. A complete disaster the whole thing..

ah so he lied on his CV and claimed qualifications/experience he didn't have? Another good reason for dismissal.

Here's your old thread Coolma

Thanks for that Knick Knack. I'd almost forgotten how awful it was to start with - the thing is, as time went on, all his so-called expertise just never materialsed. he tried to make out he knew so much about things but could never quite evidence or 'show' it. He did have higher up positions but God knows how, having had three months of him! I know he is not goint to go away quietly, but there is clear evidence that he misprepresnted information so hopefully we'll be ok! Back to the advertising/interviewing/recuiting roundabout

You're fine. I imagine he doesn't know that he can't claim unfair dismissal before a year, which he will soon find out. It doesn't sound like there's any possibility of discrimination.

better luck this time