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Reason for dismissal

Employment and Discrimination Law

Reason for dismissal

Postby tph » Thu Nov 17, 2016 8:18 pm

Can an employer dismiss an employee without providing a valid reason? In this case the employee was with the company for 18 months.
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Re: Reason for dismissal

Postby atticus » Thu Nov 17, 2016 8:42 pm

An employee is entitled to contractual notice.

If the employee does not have the right to claim unfair dismissal, the employer does in practice have a freer hand.
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Re: Reason for dismissal

Postby tph » Thu Nov 17, 2016 9:15 pm

Thanks Atticus.

The employee is being paid there notice period. However no credible reason has been provided for the dismissal. The most recent reason given of poor performance is simply not credible. The employer has policies to deal with poor performance which were ignored and the employee was never given any negative feedback on their performance. In fact if anything the reverse was true!
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Re: Reason for dismissal

Postby 3.14 » Thu Nov 17, 2016 9:46 pm

tph wrote:Can an employer dismiss an employee without providing a valid reason?

tph wrote:The most recent reason given of poor performance is simply not credible.


?
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Re: Reason for dismissal

Postby tph » Thu Nov 17, 2016 9:59 pm

The employer originally told the employee that they were being made redundant. That changed to being dismissed when the employee was informed in writing. The employee questioned this and was then told they were being dismissed for poor performance. This is despite the fact that their performance was never raised in any formal reviews and the employer has a specific policy covering performance which they have entirely ignored.
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Re: Reason for dismissal

Postby atticus » Thu Nov 17, 2016 10:19 pm

He wouldn't have been entitled to a redundancy payment.
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Re: Reason for dismissal

Postby tph » Thu Nov 17, 2016 10:42 pm

It sounds like the employer can do pretty much as he pleases.
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Re: Reason for dismissal

Postby Hairyloon » Thu Nov 17, 2016 10:58 pm

tph wrote:It sounds like the employer can do pretty much as he pleases.

Until two years service are complete, yes, pretty much, except for a few exceptions: http://www.legislation.gov.uk/ukpga/1996/18/section/108 and the Equality Act.
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Re: Reason for dismissal

Postby dls » Fri Nov 18, 2016 5:28 am

He need not, in general, give a reason, and may be ill advised to do so.

Circumstances can exist where one may later be necessary - if for example discrimination comes to be alleged.
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