Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Have you discussed performance with the employee prior to now?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. If they have been continuously employed at their place of work for less than 2 years then their employment rights will be somewhat limited. Most importantly, they will not be protected against unfair dismissal. This means that you can dismiss them for more or less any reason, and without following a fair procedure, as long as your decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because they were trying to assert any of their statutory rights (e.g. requesting maternity leave, etc.). In the event that the reason for their dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.
If the dismissal had nothing to do with any of the above exceptions then they would not be able to challenge it and their only protection would be if they were not paid their contractual notice period, because unless they were dismissed for gross misconduct, they would be entitled to receive their contractual notice period.
In terms of procedure, you do not need a meeting, unless the contract specifies a dedicated dismissal procedure, which you must follow. In the absence of such, it is possible to simply issue them with a letter of termination. You could also consider terminating their employment immediately and paying them in lieu of notice. That would depend on whether there is a clause allowing you to do so but it is possible without it as well and I can discuss how if needed.
This is your basic legal position. I have more detailed advice for you in terms of the procedure to terminate in lieu of notice, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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