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How long has the employee worked there for?
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Hi there apologies for the delay in responding, I was working remotely and my laptop decided to crash so I had no way of getting back online until now. Going back to your query, the main issue here is that if he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).
So even if there was not an ounce of evidence against him and he was 100% innocent, the employer can still dismiss him as he does not have unfair dismissal protection. It is unfortunate but it is the legal position. There is of course no guarantee that the outcome will necessarily be dismissal and he can try and defend himself as best as he can but if it does end up in dismissal then the above rights would apply.
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Hi there, thank you. He does have the right to go to tribunal but only if the dismissal was due to discriminatory reasons. So if they dismissed him because he was of a particular race, or gender, etc. Or if he was not paid what he was due on termination. But not for generally challenging a dismissal if it was simply based on their opinion or preferences, even if wrong. Hope this clarifies?