After that, it may be necessary to issue them with a warning. This process can be repeated, which might result in a final warning and a last chance to turn things around. But another hearing must be held first, and the employee should then have a right of appeal.
Even when there is no dispute with the employee, you may still be able to have an off-the-record conversation with them and try and reach a deal. However, be careful. When a deal is reached, the parties would normally enter into a settlement agreement; the employee being obliged to obtain independent legal advice on such an agreement. Matt Gingell is a specialist employment lawyer and legal commentator. He advises businesses and individuals on all employment law related issues.
He also writes articles , HR guides , and employee guides. If you were dismissed while pregnant or on maternity or adoption leave, you are entitled to written reasons without having to ask for them. If you have the right to receive written reasons for dismissal but your employer won't give you them, or you don't believe the reasons given are the real ones, you can complain to an Industrial Tribunal. Before doing this you may want to try using your company's grievance procedure but you don't have to.
If you think your dismissal was unfair, you could consider claiming unfair dismissal to an Industrial Tribunal. The Labour Relations Agency offers free, confidential and impartial advice on all employment rights issues. For information on skills solutions for your business and employee training and development opportunities, visit:. Dismissing employees nibusinessinfo. We will not reply to your feedback. Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.
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For queries or advice about employment rights, contact the Labour Relations Agency. For queries or advice about passports, contact HM Passport Office. For queries or advice about pensions, contact the Northern Ireland Pension Centre. The dismissal may be over, but this last step is vital — you need to stay consistent.
Consistency is key! You do still need to have carried out a thorough investigation, though, and gathered sufficient evidence to prove the offence before terminating their employment. If the employee can provide a different version of events, you will need to consider their side of the story and carry out any further investigation to either qualify or disprove their claims.
Set clear expectations from the outset and monitor performance against these. Communicate regularly to help you to identify any issues sooner rather than later.
If you do notice issues in their performance or behaviour, you should raise this with them informally, giving them an opportunity to improve. How long to give them a chance will be down to your judgement. Consider how far short they are falling. Do they appear to be making efforts to improve? If you do feel you might need to end their employment, invite them to a formal probation review meeting.
You should come to this meeting prepared with examples of how the employee has fallen short of expectations, and offer the employee an opportunity to respond to these examples. If you do so, you will still need to give them the notice period that is written into their contract for their probationary period. If you think the employee might still be able to improve, you could extend their probation period. If you do so, you should be clear on how long the probation is extended by, and set clear expectations around how you expect their conduct or performance to improve.
In the absence of a contract of employment that sets out an agreed notice period, you should give the employee the statutory notice period. This is one week if the employee has been employed with you continuously for a month or more, but for less than two years.
If the employee has been employed for over two years, you will need to give an extra week of notice for each complete year, up to a maximum of 12 weeks. Dismissal without warning is legally permissible in the case of gross misconduct, provided you have the appropriate evidence to support your decision. A snap decision could increase your chances of an unfair dismissal claim.
If you need advice about how to terminate an employment contract legally, our HR consultants can help. Get in touch on info citrushr.
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