A little advice re probation period

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New Business Manager

Free Member
Nov 23, 2014
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Hi all,

Newbie to the site, my friend has a handful of new starters most of which are productive and attend every day. A couple of them have regular absences and one of which has a lot of appointments due to stress (counselling etc) all of them are only one month into probation. My question is does my friend have to give the three disciplinary warnings to terminate employment or is this not necessary due to probation. Also regarding the member who suffers with anxiety/stress could the company face any tribunal when terminating as they are in the know that this person suffers?
 
E

EqualityPays

Hi,

Your friend can dismiss an employee within an probationary period (or up to 2 years now) providing that the reason is not based on any form of discrimination. Your firned should follow their usual disciplinary procedure, or if they don't have one the follow the Acas code on disciplinary procedures. They will also need to pay the required contractual notice and any outstanding holiday pay and other benefits.

Regarding the anxiety/stress, providing that this is not based on a disclosed disability, it would be fine to terminate the contract. But again, make sure your friend follows the procedures in their handbook or the ACAS code.

Best of luck.
 
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New Business Manager

Free Member
Nov 23, 2014
2
0
Thank you for your response Equality, I shall relay this info to her. I am certain she said the probation includes nothing re disciplinaries but she wanted to be fully certain that it was possible without. I shall inform her she must include warnings.
i shall recommend that she carries out regular performance reviews also, and keeps a record.
 
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Newchodge

Business Member
Nov 8, 2012
16,221
4,584
Newcastle
As long as the reason for dismissal is not based on a potential discriminatory issue, there is no need to follow the disciplinary procedure, issue warnings etc. She can simply give appropriate notice - at least 1 week if they have been employed a month or more, or whatever in the contract if it is more, pay outstanding holiday pay and dismiss. She can also require that they don't attend work during the notice period, often safer.

The employee attendind counselling for stress is more problematic. The may be covered by disability discrimination, even if they have not declared a disability - the fact of te counselling may be an indicator of disability, and she needs to act accordingly.
 
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