Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did she have a notice period she was due on dismissal and was that given to her?
Yes about two and a half weeks' notice, and she was allowed to work instead of taking the remaining annual leave
I can't see your answer anywhere.
Ben Jones : If she has less than 2 years' service she is not protected against unfair dismissal. She can be dismissed for more or less any reason as long as it is not discriminatory, so it cannot be due to her age, race, gender, religion, etc. as long as none of these reasons applied you could legally terminate her contract simply by giving her the contractual notice period she is entitled to. As you have done so there is nothing she can do to challenge the dismissal and she cannot make a claim at tribunal as she will not meet the minimum service requirement to claim unfair dismissal
But our HR is still investigating and I have been interviewed twice since they claimed by law they have to do it. I feel it's unfair because the decision was made by my boss. What should I do or say to our HR?
Ben Jones : Regardless of what the law says the employer can still investigate internally, that is up to them. All you can do is provide the information they require and make it clear that this was not your decision
Ok. Many thanks for your help. Does it mean that as long I provide all the information and clarify it's not my decision then there is nothing more that either our HR nor the former employee can do to me? I just want to get out of this asap.
Ben Jones : Well no one can guarantee what the employer will do, i do not know what their agenda is or what other evidence they have but in the circumstances that is all you can do, the rest is up to them
Ok. One last question, if I get another job and leave the employer, will this end automatically?
Ben Jones : You will be expected to work your notice period, during that time it is possible for the employer to take disciplinary action if needed, but once your employment terminates then that would be it, yes
Thank you very much!
Ben Jones : You are welcome, all the best