DISMISSING SHORT SERVICE EMPLOYEES

If an employee has less than 2 years’ continuous service they cannot generally claim unfair dismissal and it can therefore be relatively straightforward to dismiss them.

However, there are risks Employers should be aware of before implementing such a dismissal :

• There are over 30 types of dismissal claim that do not require 2 years continuous service and are deemed to be automatically unfair.
• There is no minimum service requirement to bring a claim for unlawful discrimination relating to a “protected characteristic”  ie  age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
• Employers must comply with contractual dismissal procedures otherwise they risk a claim for breach of contract.
• Employers should confirm the date on which the employee would reach 2 years’ service and ensure, if they are to be dismissed with pay in lieu of notice, that  their last day of employment will fall at least 2 weeks before that date.

If you are an employer or employee and you need help with employment issues contact us now on 01606 74301 or email gmr@mosshaselhurst.co.uk or kerry.greatorex@mosshaselhurst.co.uk