Hello, my name is ***** ***** it is my pleasure to assist you with your question today. The agency work would not count towards the employee's continuous employment for the purposes of unfair dismissal. He would have been an agency worker at the time and not an employee, so the two periods of employment would be treated separately. Therefore, if you wished to dismiss the employee now, you could do so based on the fact that they do not have 2 years' continuous service to be protected against unfair dismissal.
You would nevertheless have to pay them their contractual notice period and any accrued holidays. Also you must ensure that the dismissal has nothing to do with discriminatory reasons, such as gender, age, race, religion, disability, etc
Hi Ben, our reason is that he is just not "gelling" with the company - he was on the agency for 2 years, no complaints and since joining us has done nothing but moan about work - nothing has changed. On Monday we had a health and safety meeting and he tried to get the lads to put their hands up to request who wanted more training - some of the others reported they felt intimidated and uncomfortable by him trying to handle their lives. So it is nothing more than this reason
ok it should not be an issue to dismiss then, just ensure he is paid everything he is due under contract and follow any formal dismissal procedure that may be in place
Thank you Ben - I will bookmark you. Worth every penny!!!!! Cheers Joy
You are most welcome, all the best