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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47376
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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if fire someone who has not worked for my company for less

Resolved Question:

if fire someone who has not worked for my company for less than two year and they wanted to take action against us how would they go about it.
Would they get legal ad?
On what grounds would they be able to successfully sue?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What are the reasons for dismissal?

Customer:

they walked out of the office for a few hours saying that they were been spoken to badly by their manager and then on their return threatened them. They have also shown a history of disruptive behaviour, they are hostel and difficult.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

when exactly did they start working for you?

Customer:

27/11/2012

Ben Jones :

Ok, so they are not protected against unfair dismissal, which means that if you dismiss them now they cannot generally challenge the dismissal or the reasons behind it, unless they can show that the reason for dismissal was one of the specific reasons which makes the dismissal automatically unfair. In these circumstances the 2 year service period does not apply and any employee, regardless of service, can claim unfair dismissal.


 


A list of the reasons can be found here:


 


http://www.lawdonut.co.uk/law/employment-law/dismissals-and-redundancies/circumstances-when-a-dismissal-is-automatically-unfair


 

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones and other Employment Law Specialists are ready to help you

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