Dismissing An Employee With Less Than 2 Years Service Within Great Britain

In this latest article, we are going to be discussing the topic of dismissing an employee with less than two years’ service within Great Britain (there are separate rules in Northern Ireland).

Although the qualifying length of service for an employee to bring about an unfair dismissal claim is two years, employers should still be careful when dismissing an employee with under two years’ service, as other claims may still be brought to a tribunal. These include discrimination claims and wrongful dismissal claims.

As an employer, you should consider any trending patterns of repeat dismissals as this may invite poor publicity for the company that could tarnish your local or national reputation.

The general rule is to treat your employees fairly and equally regardless of age, race, disability or any other protected characteristics.

Some reasons for dismissal are automatically flagged as unfair and give the employee a case to claim against the dismissal regardless of length of service. Automatically unfair reasons may include;

• Any dismissal that is discriminatory
• Any dismissal that is a result of an employee taking action as a result of not being paid the minimum wage in accordance with latest regulations
• Any dismissal that is a result of an employee making a Health and Safety disclosure
• Any dismissal that is a result of an employee undertaking any protected act

When is it ethical to dismiss an employee with less than two years service?

From the employer perspective, there are many reasons where it is legal and even ethical to dismiss an employee with less than two years’ service. For example, if an employee is involved in bullying or harassment within the workplace, you have a potentially fair reason to dismiss.

Alternatively, if the employee has been within your organisation for under two years and has not performed as expected in their role. If they have not made sufficient improvements, despite continual reviews and support, it may be appropriate to dismiss the employee.

Best practises for dismissing employee under two years

If there are clear reasons and grounds for dismissing an employee that has been at your organisation for under two years, then a fair process should be followed in order to dismiss. We recommend following the ACAS Code of Practice, or any policies outlined in your employee handbook or employee contract. Consistency is key here to avoid any form of discrimination. You should still be sensible and ethical in your approach throughout the process.

As part of a fair process, it’s advisable to arrange a formal meeting with the employee. Before the meeting, it’s also advisable to make the employee aware that the meeting may result in dismissal to give them time to prepare for what’s to come. Also, it’s important to let them know that if they would like to be accompanied by either a fellow employee or a trade union rep, that is perfectly fine and acceptable to do so. Once the meeting is underway, you should give the employee the right to respond and an opportunity to speak for themselves in their own time.

Once the meeting has concluded, you should spend around 30-60 minutes considering your employees’ response before coming to a final decision about dismissal. If after careful consideration of the facts you chose to dismiss, you should now formally notify the employee that their contract has been brought to an end. They should be notified of writing and then allowed a reasonable time to appeal the outcome.

Our top tips for early employee dismissal

Here are some further tips that we recommend getting right from the start, which will help to result in decreased employee turnover. However, in some circumstances, dismissal under two years will be appropriate.

Consistency & Professionalism – Make sure that you are consistent and professional throughout all processes and procedures when it comes to handling employee dismissals of under two years. Communication should be crystal clear and discrimination avoided at all costs. Stick to verbal and clear written communication. Avoid more informal methods of communication such as text messages or WhatsApp Messages.

Think Induction – When employing a new member of staff, make it a part of the induction to outline possible reasons that you see fair for early dismissal. State specifics such as bullying, harassment in the workplace, consistent poor performance and toxic behaviour. Also state the grievances and complaints will be recorded.

Conduct monthly meetings – Particularly within the first 3-6 months, it can be a good idea to conduct monthly review meetings with your new employee to ensure they are being treated correctly and that they have all the resources/support they need. Doing everything in your power as a manager to help will go a long way.

Need HR Support? Contact NORi HR & Employment Law

If you are a growing organisation and require HR support, look no further than NORi HR & Employment Law. We have numerous HR packages for businesses to select from including our HR 360 package that includes everything you need such as market-leading HR management systems and access to legal professionals to make sure you are complying with the latest legislations when going through employee dismissals. For more information, call us today on 01254 947829 or use our contact form and we’ll get back to you.