Getting Your Head Around Early Dismissal Rules in UK Employment Law
In the UK, employers tend to have a bit more wiggle room when it comes to getting rid of employees who’ve been with the company less than two years. One big difference between those under two years and the ones who’ve put in more time is that the short-service crew usually can’t bring a claim for unfair dismissal.
Of course, that extra flexibility comes with some serious caveats. Even with a shorter service, employers have to play by the rules and avoid being seen as taking the law into their own hands or, worse, discriminating against the employee. Mess it up, and you could be facing some serious tribunal claims and reputational damage.
Can You Get Rid of an Employee With Under Two Years of Service?
Technically, yes, you can legally dismiss an employee with under 2 years of service, but only if you do it all by the book. You don’t necessarily need to come up with a “fair reason” (like the employee’s performance or conduct) to let the employee go, but you do need to make sure that the reasons for the dismissal aren’t based on something that’s banned under the law.
Automatically unfair or discriminatory reasons include things like
- any kind of pregnancy or maternity leave issue
- whistleblowing or health and safety concerns
- trade union involvement or membership
- statutory rights (like the minimum wage or working time)
- any kind of discrimination based on a protected characteristic under the Equality Act 2010
If you get it wrong, even just a tiny bit, it could still end up as a serious legal headache.
Firmly in the Right, Following a Fair Process
Even though you’ve got a bit more leeway, it’s still super important to treat the employee fairly and transparently. Doing so helps show that you’re playing the game by the rules and reduces the risk of getting into a whole heap of trouble.
Some good practice steps to follow include:
- Sort out any concerns you might have about the employee, whether it’s about conduct, performance, or their capabilities.
- Hold a meeting to discuss the issues with the employee and get their side of the story.
- Give them a chance to respond before making up your mind.
- Write it all down properly and give the employee the details of their dismissal, including how much notice they’ve got and what they’re owed in terms of pay.
Even if you don’t really need to go through a formal disciplinary process, following these steps shows you’re not just trying to get rid of someone because you feel like it; you’re trying to be fair and reasonable.
Notice Periods and Paying Out
Employees with even just a month’s service are entitled to at least one week’s notice, unless you’re getting rid of them for some kind of gross misconduct. And if your employment contract says you can give pay in lieu of notice, that’s what you’ve got to do.
Final pay should cover the basics:
- any wages that are still owed
- any holiday pay that’s due
- any contractual entitlements (like a bonus or commission)
If you get the pay wrong, the employee might be able to take you to a tribunal for wrongful dismissal, even if they’ve only been with you for under two years.
Steering Clear of Automatically Unfair Dismissals
Even employees with short service are protected against automatically unfair dismissals, which means you can’t just get rid of someone for doing something they shouldn’t, like whistleblowing or reporting a breach of employment law.
It’s always a good idea to document the reasons for the dismissal in case things go wrong. And it’s not just about having all the paperwork in order; it’s about making sure you’re not doing something dodgy.
The employment team at Darwin Gray Solicitors are experts in helping businesses get it right and have been ranked by The Legal 500 for being “pragmatic, commercial, and cost-effective.”
When to Bring in the Experts
Even if it’s just a short-service employee, you still need to be pretty careful to avoid any kind of discrimination, breach of contract, or automatic unfair dismissal. Getting some early legal advice can save you a whole heap of trouble in the long run.
If you’re not sure what to do, bring in the experts. Your local employment law specialists can help you avoid all the potential pitfalls and make sure you’re doing things right.
FAQs: How to Legally Dismiss an Employee With Under 2 Years Service in the UK
Q: Can I sack someone at the end of their probation period?
A: Yep, as long as the reasons aren’t discriminatory or automatically unfair and you’ve given contractual notice.
Q: Do I have to tell the employee why I’m sacking them before two years?
A: No, you don’t need a formal reason, but you still need to document your decision and make sure it’s fair.
Q: What’s the minimum notice period?
A: One week after a month’s service, unless it’s a case of gross misconduct.
Q: Can a short-service employee take me to a tribunal?
A: Yes, for discrimination, breach of contract, or automatically unfair dismissal.
Q: How can I make sure I’m not getting into trouble when dismissing an employee early?
A: Just be sensible, keep good records, follow a fair process, and get some proper employment law advice before you do anything.
Key Takeaway
The thing to know is that sacking someone with less than two years of service is, legally speaking, a bit of a relatively straightforward process, but don’t get too comfortable; there’s still a very real risk of it going wrong. You still need to be fair, not to mention follow the rules on notice periods and make sure you’re not doing the poor guy for some dodgy reason.
For organisations that are genuinely worried about getting taken to a tribunal or damaging their reputation, getting some expert advice from a top-notch employment law firm is probably a good idea.
Darwin Gray LLP – these are the guys who do this sort of thing for a living & are regulated by the Solicitors Regulation Authority, and, as you can see from their 5-star reviews on the Review Solicitors website, they’ve built up quite a name for themselves across Wales & in the UK for giving sensible, no-nonsense employment law advice to businesses that actually keeps them out of trouble & on the right side of the law.