Dismissal without reason

[LuckyNo8]

Hi all,

If we wanted to dismiss an employee, and they have been with us for less than a year, am I correct in saying we can simply give one weeks notice, put them on "gardening leave" and can do this WITHOUT giving a reason?

Thanks for any advice.

 

[dedwardp]

I believe employees can't claim unfair dismissal within that first year, but employers need to ensure that dismissal isn't based upon discrimination.

Have a look through here.

 

[kulture]

Yes you can dismiss without giving a reason, but if they are likely to think that it was discrimination it would be better if you explained. To be honest as an employer I feel it is always better to sit down with the employee and explain why they have to go. Of course this is in general and I do not know the details of your situation.

 

[LuckyNo8]

Thanks for the replies - will feedback on the thread if they decide to go through with it. My sense is that they may go through the reasoning, but can't tell for sure.

Thanks.

 

[jules12345]

I dont think gardening leave is a dismissal to be honest, so if the 'leave' takes the employee's employment time over a year, your employee will be seen as being employed although on leave and as such they would have done the year necessary for unfair dismissal - which is actually 51 weeks as the week in hand is counted as the 52nd week...maybe Karl can clarify on this one...!

Regards
Jules

 

[Steve Sellers]

Hi all,

If we wanted to dismiss an employee, and they have been with us for less than a year, am I correct in saying we can simply give one weeks notice, put them on "gardening leave" and can do this WITHOUT giving a reason?

Thanks for any advice.

If they are on gardening leave then they are technically still employed and as such they are still bound by the terms of your contract. The normal reason for putting an employee on gardening leave, these days, are to stop an employee poaching customers.

It is quite right that you can dismiss in this situation without giving reason. A simple letter stating that you are terminating the contract, and stating that they are not required to work their contractual notice period as this will be paid in lieu will suffice.

Unless there is any other issues regarding gross misconduct, or disability etc then you are free to dismiss as advised.

 

[LuckyNo8]

Hi all,

Thanks for all the clarifications - there really is almost a bit of information overload looking at the businesslink website!

Thanks again!