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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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If I dismissed an employee due to poor performance and insubordination.

Resolved Question:

If I dismissed an employee due to poor performance and insubordination. Then re-employed this person after they convinced me they had changed their ways.
Now, I wish to dismiss this person again, does the employment period prior to first dismissal count as continuous employment.
I am asking as if this person doesn't have one year continuous employment then it makes my dismissal easier I believe.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How long after they were initially dismissed did you reinstate them?
Customer: replied 2 years ago.

One Month.

Expert:  taratill replied 2 years ago.
And how long have they worked for you in total over both periods of employment?
Customer: replied 2 years ago.

Hi Jenny,

1.5 years, with one Month gap

Expert:  taratill replied 2 years ago.
In that case you are completely safe from an unfair dismissal claim as the law changed over a year ago and an employee now needs at least 2 year's continuous service to bring a claim.
The only possible claim that could be brought in these circumstances would be one of discrimination if they could argue that the treatment was on the basis of age, sex, disability, religious belief, race, pregnancy or for raising a health and safety or other whistleblowing complaint.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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