Unfair Dismissal

Q        We have an employee who has not been performing well since she joined the company six months ago.  She has now announced that she's pregnant and her attendance is appalling.  As her probationary period has only just expired, and she has less than a year's service, can we dismiss her?

A        If you dismiss this employee now, it would be difficult to prove that it wasn't related to the fact that she is pregnant.  She would therefore be able to claim sex discrimination and the dismissal would be automatically unfair, regardless of length of service. In order to avoid claims of discrimination you must be able to demonstrate that the dismissal was on grounds of poor performance or misconduct.

Q        We caught an employee smoking cannabis whilst on his break at work and dismissed him instantly for gross misconduct.  He's now claiming unfair dismissal; surely he doesn't have a case?

A          Failure to follow the correct disciplinary procedure renders a dismissal automatically unfair.  Therefore, although this employee may have contributed to his own downfall, and this will be taken into account during the Employment Tribunal Hearing, it is likely that the dismissal will still be found to be unfair.

See also:

• Appeals

• Gross Misconduct

• Investigations