Terminating employee contract after 5 weeks

[SHARPYWAN]

Hi, i have an employee that has only worked with us for 5 weeks. decided to go off sick claiming she fell over on wet floor. No witnesses, no cctv evidence, nobody else made aware of it on shift. Basically it never happened. She was then signed off for 2 weeks. At the end of those 2 weeks, I then told her we no longer required her services as her standard of work wasn't acceptable. She then sent me another sick note the next day for another 2 weeks. She doesn't qualify for sick pay, but i have a feeling she's going to put a claim in. I know she can't claim unfair dismissal as not been working long enough, but could she claim discrimination as off sick?

 

[Newchodge]

No.

 

[SHARPYWAN]

She's asking for more information on why i've dismissed her. Is it sufficient to just say unsatisfactory performance during introductory/probation period? i think she'll try and claim for injury if she can't claim unfair dismissal

 

[Newchodge]

She's asking for more information on why i've dismissed her. Is it sufficient to just say unsatisfactory performance during introductory/probation period? i think she'll try and claim for injury if she can't claim unfair dismissal

Tell her the truth. Or don't amswer. There is no right to written reasons under 2 years' service. But if you do answer, tell the truth.

 

[WaveJumper]

As above but as an aside make sure you have all your H&S policies in place so if and probably when she tries to make a claim you have all your ducks in a row as a competent employer.

And on that note I am sure you went through all your H&S awareness training with her on her induction and got her to sign to say she had received the training ?

 

[ethical PR]

She's asking for more information on why i've dismissed her. Is it sufficient to just say unsatisfactory performance during introductory/probation period? i think she'll try and claim for injury if she can't claim unfair dismissal

What do your HR policies say ?

 

[Newchodge]

Hi, i have an employee that has only worked with us for 5 weeks. decided to go off sick claiming she fell over on wet floor. No witnesses, no cctv evidence, nobody else made aware of it on shift. Basically it never happened. She was then signed off for 2 weeks. At the end of those 2 weeks, I then told her we no longer required her services as her standard of work wasn't acceptable. She then sent me another sick note the next day for another 2 weeks. She doesn't qualify for sick pay, but i have a feeling she's going to put a claim in. I know she can't claim unfair dismissal as not been working long enough, but could she claim discrimination as off sick?

How much was she earning per week?

 

[SHARPYWAN]

How much was she earning per week?

around £125 per week

 

[Newchodge]

around £125 per week

Then I hope you have been paying SSP and have paid a week's full pay in lieu of notice.

 

[Frank the Insurance guy]

i think she'll try and claim for injury if she can't claim unfair dismissal

You need to be prepared - take statements NOW, from her colleagues that were working with her at the time, confirming what they know (even if it is just to confirm that the the employee did not mention any fall/slip to them).

If the employee makes a claim - you will be covered by your Employers Liability Insurance. Your insurers will deal with the claim against you, including any defence costs etc. Key to their success is having all relevant H&S induction documents and training and statement from ither workers etc.

 

[HFE Signs]

Do you have a probationary period? You decide the probationary period has been unsuccessful because job expectations have not been met. Regarding the accident, did she fill in the accident record book? Did she report the accident to anyone? If not you have no such record.