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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been asked by senior management to let a disruptive

Resolved Question:

I have been asked by senior management to let a disruptive member of my team go, I would like to fire them on the grounds of their disruptive, negative and hostel behaviour as they have been here less than 2 years however management are telling me to find error that they are making and use these as ground. I have the feeling that if I do this they will have ground for constructive dismissal. Also I would have to follow the same system with everyone else in my team and take disciplinary action for typo so I worry that as everyone else has been there for over two years we would be opening ourselves up to more risk of legal action.
Am I right or is finding fault with their work the best way
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.have you followed any disciplinary procedures.

Customer:

not as yet

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 :

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.

Customer: What about with everyone else, I am being told to do the same with everyone, basically any excuses for a disciplinary so that this other person can not claim unfair treatment.
Customer: would everyone else have grounds for action in this case.
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