EMPLOYMENT REVIEWS ELAS TOPIC GUIDES
CANMY EMPLOYEE CLAIMUNFAIR DISMISSAL IF THEY HAVE BEEN EMPLOYED IN THEIR ROLE FOR UNDER 2 YEARS? Put simply, no they can’t. In detail, employees in England, Wales and Scotland cannot claim unfair dismissal until they have been working with your company for 2 or more years ; in Northern Ireland it is 1 year. This means that if an employee is dismissed prior to the requisite qualifying period they cannot claim that their dismissal is unfair on the grounds of reason for dismissal being insufficient , the process being defective or the punishment too severe.
WHY ARE EMPLOYMENT REVIEWS IMPORTANT? It is important to follow an employment review procedure to help protect against any claims resulting from day 1 rights . Day 1 rights are certain rights that are applicable from the first day of an employee’s service and include discrimination, whistle-blowing and certain absences.
WHAT IS THE EMPLOYMENT REVIEWPROCESS?
Afterwards you need to ensure that the dismissal and the reasons behind the dismissal are confirmed in writing.
In this meeting your must discuss your concerns and communicate to the employee that they are going to be dismissed.
You must invite the employee to a meeting with advance notice.
MY EMPLOYEE HAS ASKED TO BE ACCOMPANIED TO A DISMISSAL MEETING, IS THIS ALLOWED? Yes, employees have the right to be accompanied by a trade union representative or fellowwork colleague . They can also delay the meeting for up to 5 days in order to accommodate this. If you give your employee advance notice of the meeting, even just overnight notice, it can help to avoid requests for delays.
TRADE UNION REPRESENTATIVE OR WORK COLLEAGUE
WANT TO KNOWMORE?
At the ELAS Group we offer a wide range of HR and employment law training courses: APPRAISALS (Half day course) PROBATION&EMPLOYMENTLAWREVIEW(Half day course) PERFORMANCE MANAGEMENT (Half day course) EMPLOYEE INDUCTION COURSE (e-learning course)
If you are interested in any of our courses, please contact email@example.com Visit our blog for up to date information on all things employment law. blog.elas.uk.com/blog
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