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UKSolicitorJA, Solicitor
Category: Employment Law
Satisfied Customers: 8335
Experience:  English solicitor with over 12 years experience
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Can we fire a new employee during probation period on the

Customer Question

Hello,Can we fire a new employee during probation period on the bases that she cannot work flexible shifts, which are stated in the contract?
Or it alway should be something like poor performance or misbehaviour etc.?
Submitted: 9 days ago.
Category: Employment Law
Expert:  UKSolicitorJA replied 9 days ago.


I am a solicitor.

Yes, you may terminate the employment of the employee on this ground but it would be advisable to follow due process before terminating the employment so as to minimise the risk of any claims.

May I help further?

Customer: replied 9 days ago.
Thank you for your answer.Yes, could you please explain a bit about the process? What steps need to be taken?
Expert:  UKSolicitorJA replied 9 days ago.

Sure. Does the employment contract provide for any procedure for termination?

Customer: replied 9 days ago.
Just simply two weeks notice
Expert:  UKSolicitorJA replied 9 days ago.

Thank you. In that case, you should invite, by way of a written letter, the employee for a meeting to discuss their inability to work flexibly as required in their contract and allowing them to bring a colleague at the meeting if they so wish to.

At the meeting, you should hear the employee's explanation and then if the decision is made to terminate, you may go ahead and give the two weeks notice after 2-3 days from the meeting.

May I help further?

Customer: replied 9 days ago.
Got it!Her friend is also working in our cafe at the same position. So, if she wants to bring her at the meeting, is that ok?
Cause I'm not sure if her friend can judge fairly. I know they were sharing information about salary and other confidential information about working details.One more question: if we offer her 4 hours per week ( she has a part-time contract) and she would be disagree and decide to quit, could she claim us as we made her to quit?
Expert:  UKSolicitorJA replied 9 days ago.

Yes, she may opt to have her friend at the meeting and speak for her if she wishes to. That is okay. Yes, you may offer her those hours if it is covered in her employment contract, if she quits and you have followed the contract and procedure, the risk of a claim against you is low.

All the best