Employment Lawyers Can Answer Your Employment Law Questions
Thanks for your question. I am a U.K. Lawyer with 32 years experience. I have read your narrative. You can summarily dismiss for gross misconduct. The employee has no recourse to an employment tribunal as he doesn't have two years' service. There is no "disability" so discrimination law doesn't apply here if that is what you found as conflicting during your reading. From what you say on your narrative that is my opinion. If you have concerns from your own reading please let me know the specifics and I'll try to help you further. In the meantime please leave a positive rating sonthatvI am credited for my time.
Hello I am an employment solicitor and whilst I agree that you can dismiss this employee without then being able to challenge the dismissal (due to them not having 2 years’ service) I would certainly not recommend that you dismiss them summarily for gross misconduct. Their actions do not amount to gross misconduct and if you dismissed them on that basis they could argue it was wrongful dismissal and pursue you for the notice period due to them. You have to bear in mind that being out, outside of work and getting drunk and subsequently injuring yourself does not amount to gross misconduct. So whilst you can safely proceed with dismissing them, I would strongly suggest you do so by giving them whatever notice period they are entitled to under contract.
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