With the end of the year fast approaching, many managers are working hard to tick off their ‘to-do’ lists and start the New Year in a positive position. But is checking on your new starters on your list?
If not, it should be. Conducting a review to ensure you are satisfied with their progress and suitability for the role can be a quick win for your business. It doesn’t need to take long, but it will be time well spent. If everything is on track, it will give you peace of mind. However, if things aren’t working out as hoped and you decide to part ways, addressing the situation now can save your business time and resources in the long run.
The Two-Year Threshold for Unfair Dismissal
As two years’ continuity of service is required for an employee to bring an ordinary unfair dismissal claim, it may be possible to dismiss a short-serving employee without following the usual procedures, such as those for poor performance. This means you don’t need to struggle on with a disappointing new hire into the New Year. In some cases, the process can be quicker and easier than you might expect.
Seek Advice Before Taking Action
If you have concerns about a short-serving employee in your business, it is essential to seek advice on the specific situation you are facing before dismissing or taking any action. Here’s why:
- Continuity of Service: There may be situations where an employee has longer continuity of service than initially apparent. It’s important to avoid inadvertently dismissing an employee who has sufficient service to claim ordinary unfair dismissal.
- Claims from Day One: Some claims can be brought from the first day of employment, such as discrimination or dismissal for an automatically unfair reason (e.g., whistleblowing, asserting a statutory right, pregnancy). Each case must be carefully assessed to determine whether a short-service dismissal is a safe course of action for your business.
We’re Here to Help
We assist many businesses in managing difficulties with short-serving employees. If you have a situation you need to address, please reach out for advice and support. Taking the right steps now can make a significant difference for your business.