Dismissal within first month - Q

[somewhereinlondon]

Just looking for some HR advice?

Is it correct that if you have been with an employer for less than a month then no notice period for dismissal is required?

No statutory notice period, no, although it would be unusual for a contract of employment to have no notice period for the first month, most have a week at least from day one.

thanks

It's complicated but we had an employee start, got upset on day 3, didn't come into work the rest of that week. Unable to contact them - email and phone messages left.

Notice period served by us before the end of the first month. NOW employee is going to fair claims for unfair dismissal!!

Does her contract say no notice period applies during the first month? If it just says her notice period is x then that will apply during her first month.

not sure what you mean by 'fair claims', has she put in a tribunal claim? That would be for wrongful dismissal not unfair dismissal. Wrongful dismissal is about not being given the right notice period or similar.

no written contract and nothing discussed, she had only worked two days and I know we have up to two mths to give a written contract.

sorry - wrongful dismissal

what is she claiming, one week's pay?

Initially a month. Now one week. Claiming hardship! she went back to her old job after a week, was actually still employed by them,

She is taking the piss!!!!

technically you ought to honour the contractual notice period in the contract, whatever that is.

In practice, I'd let her take you to court!

I'm happy to fight it, wish I didn't but not going to let her walk over us. We served written notice at the end of that first month, she hadn't worked for the previous weeks. ACAS actually advised she was in breach of contract (verbal one) as she failed to return to work! she did not return phone calls or emails.

What did your letter to her say? If you dismissed her for failing to turn up to work without notifying you, I would argue that that is summary dismissal for gross misconduct, hence no notice regardless of the contract.

I'd then argue that, since there was no agreement on notice, statutory applied (as outlined above).

Hardship is not a legal claim.

BUT what you can argue will depend on the wording of your letter to her.