- Date: Friday 20th April 2018
- PDF: Download
My employee has been here less than 2 years. Things aren’t working out. Can I just let them go?
Employees are unable to file unfair dismissal claims, unless they have had more than 2 years’ service with their employer.
However, there are some exceptions to this rule. Anybody can claim automatically unfair dismissal for the following 4 reasons:
- They are a Whistleblower.
- They have been dismissed on a back of a H&S issue.
- The employer is guilty of discrimination.
- The employer has not followed their own or statutory procedures.
- In order to facilitate close-knit relationships across your workforce, honesty and transparency are extremely important.
- If somebody doesn’t perform well, they may not be aware of it until you tell them – you must be proactive in your approach to their management.
- Implement a thorough job description.
- Set clear targets and objectives.
- Invite them to raise worries or concerns and address these.
- Be clear about your expectations.
Our standard HR Advisor policies allow you to shorten the capability review process for individuals with shorter service. However, employees must still receive a fair hearing with representation and the right to defend their actions. From an ethical perspective, an informal conversation before commencing formal meetings is also advisable.
Source: Manuela Grossmann, SSG