In a BIFM Session on
Managing People, one of the group asked if it was legal to terminate an
employee’s probation period (say 3 or 6 months) without giving a reason.
Answer:
Whether on probation or not ‘normal’ unfair dismissal rights only apply once the
employee has completed 12 months’ service (in which case the employer must have
a lawful reason for dismissal and be ready to explain it an employment
tribunal).
Also, the employee has the right to be given (a) reason(s) in a written
statement should they ask. This must be given to them within 2 weeks, unless
not practable but is again dependent on one year’s service. Exceptions are
numerous, eg. , pregnancy, TU-related, attempting to enforce statutory right
etc., whereupon the employee need not have 12 months’ service before claiming
unfair dismissal (and right to a statement).
Probationers (other than in the excepted categories indicated above) have few
rights N.B. (other than for discrimination, SSP/SMP/’Family Friendly’ rights).
The only other factor to take into account is the contract. If this states that
the employee will be given a reason then the employer must do so, otherwise the
employee could bring a wrongful dismissal claim in the county court. Once 12
months’ service has been accrued the complaint can be brought in the tribunal if
damages are £25K or less (otherwise county court).
This is a summary of the basic rights. Obviously particular cases may throw up
details not covered above, but the basic law is that which is described.
Another delegate
stated they are being advised that they can no longer state ‘previous
applicants need not apply’ on adverts, due to the fact that any ‘previous
applicant’ may be able to improve their application in the interim.
Answer:
This is an issue of good practice rather than legislative compliance. Provided
the employer gives the previous applicant the opportunity to explain any
additional improvements in application at the interview I cannot think how this
would compromise any rights. Of course, if the applicant has substantially
changed their position since the original application was received (and
rejected) by the employer it would be sensible for him or her to simply contact
the employer and explain how the application has been ‘improved’
This is not specific advice and should not be used as such, BPP Malpas cannot accept any
liability which arise as an outcome of any action taken using this advice.
Individuals are advised to seek legal advice on any individual matter they
pursue.