Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.have you followed any disciplinary procedures.
not as yet
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.
The person would not have grounds for constructive or unfair dismissal because they need the 2 years’ service for this, so unless they can show that the reasons for the dismissal were automatically unfair (as mentioned in my last post to you) then they can’t claim. So whether you use their behaviour or errors in their work, it would not make much difference legally. If you do use faults in work to dismiss them, it does not mean you have to start disciplining everyone else as well if they make the same mistakes. For example you can say you are using them as an example or that there were other specific issues with them that prompted that action. But legally you could use either reason in the circumstances it should not make a huge difference.