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.
