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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47385
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi Ben, We have to fail a member of staffs probation. Qe

Resolved Question:

Hi Ben,
We have to fail a member of staffs probation. Qe have a 6 month probation in place. A meeting has taken place and the probation re iew confirmed as fialed. We will pay her 1 weeks contractual notice.
My question is do we included the right to appeal in the letter we send?
Previously I have stated no right to appeal
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me has she any special need or disability's please.

Ben Jones :

Sorry, autocorrect got the better of me earlier. I was wondering if she has any disabilities that she may try and claim were linked to her dismissal? Also does her contract contain a right to appeal or is that something you are willing to give her at your own discretion?

Customer:

No disabilities or anything she can claim under equality act.

Customer:

We do not offer contractual right to appeal against probation dismissal. Should we be offering this?

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Thanks for your patience. The right to appeal only really exists under the ACAS Code of Conduct. This is not a legally binding Code but it can be used in a tribunal when assessing the level of compensation an employee may get if they make a successful claim against the employer. So an employer could refuse to offer the right to appeal, but if the tribunal finds that this was an unreasonable failure to follow the Code they could increase the compensation by up to 25%.

However, employees with less than 2 years’ service cannot make a claim for unfair dismissal so they cannot take their case to the tribunal anyway. It means that if you fail to offer the right to appeal to someone with less than 2 years’ service, they cannot really challenge your decision or the fact you have not followed the Code. So technically you can refuse to offer them the chance to appeal the dismissal and they cannot take this any further.

So as far as this employee stands, you do not have to offer her the chance to appeal if you did not want to, but if you wanted to you can – up to you really.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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