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Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
Is this in England?
Thank you. Technically, the employer should no longer consider them but you have to appreciate that employees have no unfair dismissal protection in the first 2 years of employment anyway so whether they are still included and dismissed will not give them any rights to claim. So this is more of a discussion topic rather than a legal requirement as their legal rights remain unchanged.
Does this answer your query?
You are most welcome
All the best