Day One Dismissal

legal updates

While it may be entirely appropriate to dismiss an employee who has recently commenced employment with you or even circumvent any kind of dismissal procedure, it is always best to exercise caution.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

You feel confident that you have recruited a suitable person for a position within your business. This person commences employment with you. Yet, in their first week, even on their first day, they show signs of unsuitability for the role whether it be performance and/ or conduct issues. However, you’ve only recently appointed them, they’ve only been with the business one week or even just one day. Can you dismiss this early into the employment and, if so, what are the risks?

The short answer is yes. Although best practice would ask that you be prudent in taking such a cautious approach.

We have had several clients who have taken this approach with success.

Legally, you can dismiss a member of staff without the need to demonstrate a fair reason for the dismissal. This employer entitlement commences from day one and up to two years into employment. As an employer, you may think a new appointee is not the right fit for your business, amongst also realising there are likely to be capability and/or conduct issues. You will not be required to establish a fair disciplinary or dismissal procedure. For an employee starting employment and with less than two years of employment service, their contract of employment can be lawfully terminated without further investigation or prior warning. For those employees who have worked for less than one month, unless otherwise stated in the contract of employment, you are not required to provide statutory notice. However, once there has been continuous employment for more than one month but less than two years, are you required to give one week’s notice. 

However, the potential legal pitfalls remain ever present when deciding to adopt this short-service dismissal.

The main pitfalls to be aware of when dismissing an employee with notably less than two years’ employment service include automatically unfair dismissal, discrimination, and breach of contract. 

While it may be entirely appropriate to dismiss an employee who has recently commenced employment with you or even circumvent any kind of dismissal procedure, it is always best to exercise caution. Doing so will allow you to mitigate any risk of legal proceedings against you.

If in doubt about your employment needs and/or requirements or if you just want to know more, do not hesitate to contact us here at Lawgistics.

Brave AgencyDriving growth in the automotive industry

Brave is an award-winning digital agency offering a comprehensive range of services aimed at helping your business grow. From rebrands and web development to marketing campaigns that get you noticed, we do it all. Since 2000, we’ve helped businesses across the automotive sector reach new heights. Could yours be next?

Jide-Ofor OkagbueLegal AdvisorRead More by this author

Related Legal Updates

Day 1 Employment Rights

Employees are already protected from day one in respect of wrongful dismissal and discrimination, but a dismissal based on poor conduct, for example, can be effected by giving relevant notice. 

Overview of Contemplated Employment Law Changes

We will continue to keep our members informed as more details emerge and as the timeline for these changes becomes clearer.

Changes to Sexual Harassment Law

In addition to safeguarding employees from harassment by colleagues, the duty extends to third-party harassment, such as harassment by customers.

New government… new laws

The recent announcement means an employee may be able to claim an unfair dismissal from day one. 

Extension of Redundancy Protection for Pregnancy and New Parents

Explore the strengthened redundancy protections for new parents with significant amendments to maternity, adoption, and shared parental leave rights, effective from April 2024, ensuring enhanced job security during critical family milestones.

Wages increasing from 1 April 2024

With effect from 1 April 2024, the hourly rates of pay are…

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.