Just sacked someone, am I allowed!

[samuel5]

Hi all

Had an a new starter who has been working for us for about 4 weeks now who I have just had to sack for being rude.

He is quoting unfair dismissal but I have not even given him his contract yet so surely it’s ok?

Thanks

Sam

 

[Alan]

Well it is easy to Google. But I'm sure an HR person will come by soon.

Much will depend on 'about 4 weeks' - 4 weeks is less than a month and less than a month you don't have to give any notice or reason.

If it is actually longer than a month then you do have to give notice. But you will be citing gross misconduct.

"With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure. You should investigate the incident and give the employee a chance to respond before deciding to dismiss them."

https://www.gov.uk/dismiss-staff/dismissals-on-capability-or-conduct-grounds

If you haven't gone through a 'fair process', and it is more than a month, it probably will be easier to pay a weeks notice than to muck around with legal stuff, tribunals etc. ( just my thought I'm not an expert )

 

[Mr D]

Blunt answer? Yes you can sack him.

Usually it's whether someone has a case that then becomes the issue.
Presumably not disabled etc?

Can get rid in first 2 years by simply telling them it's not working out and escorting them off premises.

Oh and it's a good idea to give contract early. Then you both know where you stand and what is expected. Some places give it same day they start.

 

[obscure]

You can terminate without cause within the first 2 years. You don't need to give a reason, just inform them that it is not working out and that they don't need to come back tomorrow. You must pay them their notice and any accrued holiday pay.

Next time you decide to sack someone you should check that you are doing it right before you fire them. Getting it wrong can be an expensive mistake.

 

[Newchodge]

No, it is not OK. You are required to give your employee a contract on the day they start.

Apart from that, unless they can demonstrate that the reason for the dismissal was a protected characteristic or another statutory reason, they cannot successfully claim unfair dismissal. If, for example, by 'being rude' you mean they complained that your business practice was illegal, they would have an unfair dismissal claim.

Next time you decide to sack someone you should check that you are doing it right before you fire them. Getting it wrong can be an expensive mistake.

THIS^^ with clogs on

 

[SillyBill]

As has already been said, you don't sack anyone who has been with you less than 2 years. What would be the point of that? To give them ammunition? Call them in, tell them it ain't working out and escort them off the premises. Now anybody over 2 years is a different kettle of fish mind...

 

[billybob99]

Bounce his sorry ass out the door.

 

[Alan]

No, it is not OK. You are required to give your employee a contract on the day they start.

I assume the OP means a written contract. Of course there is a contract immediately work starts. I think the difference between contract and written contract needs clarifying.

 

[Newchodge]

As has already been said, you don't sack anyone who has been with you less than 2 years. What would be the point of that? To give them ammunition? Call them in, tell them it ain't working out and escort them off the premises. Now anybody over 2 years is a different kettle of fish mind...

Err, that is sacking them, or terminating their employment. What else do you think it is?

 

[Newchodge]

I assume the OP means a written contract. Of course there is a contract immediately work starts. I think the difference between contract and written contract needs clarifying.

As of 1 April this year an emp;loyee must be given written terms of service, covering specific matters, on the first day of employment (if not before). It used to be within 8 weeks, or 2 months (I can never remember which).

 

[Paul Norman]

Two points, both are important.

1. You can sack this person. But need to adhere to correct procedure as laid down in their contract and staff handbook.

2. You have not issued the above, which is sloppy. Personally, if I didn't get a contract on day one I would not show on day 2.

Luckily, point 1 makes you look bad, but gross misconduct, and the short service, work in your favour. Unless there is something extra to the story, no unfair dismissal has happened here.

 

[SillyBill]

Err, that is sacking them, or terminating their employment. What else do you think it is?

Take your point, I am technically inaccurate, my point was more get them out the door inside 15 mins and get back on with your job of making money - that is what I do. No need to go into details other than not worked out. I appreciate you can offer "proper" HR advice to those that need it; for others this one is basic, a little bit of paperwork and a quick chat and move on. Canned, sacked, terminated, whatever. I am not letting people go every other week by any stretch but done it a few times, as is sometimes necessary. Certain advice I would pay for, on this, its a very straightforward process.

 

[John Hemming]

I have quite a bit of experience on all sides of employment tribunal cases including assisting someone to win an appeal. What I would say is that if there is a conflict between what Cyndy says and what anyone else says in this thread Cyndy is right. I often see her commenting on this sort of issue what what she says is normally rock solid and up to date in an area of law which has changed a number of times since I first employed someone (1984).

 

[Newchodge]

I have quite a bit of experience on all sides of employment tribunal cases including assisting someone to win an appeal. What I would say is that if there is a conflict between what Cyndy says and what anyone else says in this thread Cyndy is right. I often see her commenting on this sort of issue what what she says is normally rock solid and up to date in an area of law which has changed a number of times since I first employed someone (1984).

Aww gosh!