Rules on letting somebody go within a year of starting?

[Finance Guy]

Hi,

I hope somebody can help me with this difficult situation please.

One of my employees, who has been with me for 8 months, has become a really negative influence in the office and is also quite unproductive, including making mistakes that are costing the company money (over 3k in one mistake alone). Other staff have also complained about his attitude towards them and his somewhat 'dictatorial' manner at times.

I do not wish to follow the routes of disciplinary proceedings, unless I have to. I would just prefer a 'nice' exit by having a frank conversation, paying him a months notice and letting him go straight away, giving him good opportunity to find something else and we would provide a positive reference for him.

He is fully aware of the issues and we have spoken about them many times, but nothing changes. He is not an unpleasant person and is, in many ways, a very nice guy at heart, but I can clearly see that him and my firm are not a match made in heaven sadly and I must bring it to an end, nicely (or as nice as this gets!) if possible.

So my question is, am I legally able to follow my proposed route? Am I ok just explaining why it isn't working out, pay his notice and let him go?

Many thanks for your help

[silverdaler]

BE VERY CAREFUL !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
As the owner of a small business , and with many friends in similar situations i would say NO !
Before you do ANTHING else please please talk to someone. Do you have Public Liability insurance ? See if they have a legal helpline who can advise you on these issues.
Believe me, i have had friends who have 'let employees go' in a nice way - only to be issued with court action for unfair dismissal.
The law is nearly always on the side of the employee no matter how nice you are ! It stinks !
I would never employ people if i had my time over again !
Good luck !
x

[buildersmate]

Not true until 12 months service is up. Unless sexual, racial and religious discrimination is an issue.

[buildersmate]

Not true until 12 months service is up. Unless sexual, racial and religious discrimination is an issue.
And Public Liability Insurance (which is required by every business) is concerned with liability to the public, not employees. And Employees Liability insurance is nothing to do with it either - it covers injury, not claims for unfair dismissal.

[thugulike]

Take great care. Ring the ACAS help line and follow TO THE LETTER what they tell you to do. If I were you I would go down the disciplinary/capability route very quickly and after a thorough investigation dismiss if you find you need to. Even if you don't think there could be a discrimination claim that doesn't mean that one won't be made. Even if the claim to Employment Tribunal fails it will be very expensive in time and money. Think good practice.

[sue11]

It depends what your employment contracts say. I cannot remember the actual act, but my employment advisors Mentor, put wording in my employee contracts stating that I was opting out of the act and therefore lets me dismiss employees who have served less than 12 months without any reason or notice (take note though I never do this unless I have very good reason as with yours above!). I would get advice before you go any further to find out if your contract has also opted out. If you have, then you can simply dismiss your employee. You do not have to give any reason or any notice, but just state in the final letter that you have decided not to continue with this persons employment. Of course you have to pay final notice pay and any holidays etc due. If you have not got the opt out clause in your contract, you will have to go down the disciplinary route with written invitations to hearings (given 24 hours notice) and so on. Note for info. If you have started any official disciplinary process i.e. such as official verbal warnings etc with any employees that have served less than 12 months, you are then legally obliged to continue this to it's conclusion, you cannot suddenly invoke the opt out clause or the employee will have recourse to take you to tribunal. Hope this has been of use, let me know how you get on. If I can be of any further use, let me know. Cheers Sue

[Mammar]

I think Sue has covered it well.
Check the contract first and follow it closely.
To be fair to both sides you have to follow procedure and the sooner the better or it could be argued that by not acting as soon as possible after the incident then his working practice was being condoned.
Not a pleasant task but think of the repercussions to your business if you don't.