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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11419
Experience:  30 years experience as a solicitor.
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A director and employee of our small business walked out on

Resolved Question:

A director and employee of our small business walked out on her role as centre manager of an alternate education provision yesterday after verbally threatning the managing director and owner of the business with constructive dismissal. This occurred as the MD had received a email requesting a reference for the individual for a role she had applied for which we were unaware of and so she asked had she applied for another job and why hadnt she told her. She then left the building making inapproriate comments to the students about the running of the centre leaving them with a volunteer member of staff. She has now texted the MD at 6.25 this morning saying she wont be in as going to the doctors. She has only been employed for 1 year what action should we /can we take.?
Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
Thanks for your question.
As the employee has less than two years service with the company she has no legal right to apply for either constructive or unfair dismissal except in certain circumstances where a dismissal is automatically unfair as a matter of law, including situations as follows:
pregnancy, including all reasons relating to maternity
family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants
acting as an employee representative
acting as a trade union representative
acting as an occupational pension scheme trustee
joining or not joining a trade union
being a part-time or fixed-term employee
discrimination, including protection against discrimination on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation (in Northern Ireland, this also includes political beliefs)
pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage
whistleblowing
For that reason whether you suspend her or dismiss her is likely to be a matter for you, given that she does not have two years service, assuming that none of the above apply.
Happy to discuss further.
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