Dismissal of employee during probation period

We are having an employee who joined 1 month ago and is under  probation period. But she is not taking her line manager's instruction and did not follow company's procedure several times. The senior manager wrote her politely telling her what she did is not right and advised her to follow company regulation. Then she complained a lot by saying 'if anyone dare let me go, I will do the same business by myself.', which is kind of threatening words to the company's benefits. 

Also she quarrel sever times with clients and colleagues as well as managers.  The senior management team does not want to keep her.even does not want to give her notice pay. But I am not quite sure whether this is appropriate with HR practice.

Dismissing someone is always miserable for HR and we also need to protect company's benefits.

Anyone can give me some advice?

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Replies

  • Employees with under 2 years service can be dismissed without grounds for unfair or constructive dismissal.

    Notice must be paid to employees of over 1 month.

    • There are some good points about probationary periods on the CIPD website, I found it quite useful when going through a similar situation to look on there.

      • Just found your reply Jessica. Thank you for your advice.

  • Suggest you give her pay in lieu of contractual notice and terminate her employment.
    If you want to prolong matters by having a meeting and giving her a "last chance" then do so. However I tend to regard probation periods as a means of quickly correcting a recruitment mistake and that looks to be the situation here.
    With short service you are only at risk of a Tribunal claim if discrimination is alleged but on the assumption that it isn't a factor you can call her in and say that matters aren't working out. Because of feedback about her attitude to and poor performance you have substantial reason to dismiss.
    One word of caution though - just be sure your performance/ disciplinary procedures are non- contractual. If they are that will add to her " notice" payment if you don't follow them.
    IMC
    • Our contract says 'disciplinary procedures do not apply to employees under probation period except gross misconduct'. We probably need to let her go with 2 weeks notice as stated in the contract. Thank you, Clark.

  • Hiya, this is never easy and its hard when they are so new to the company. I would call her into a meeting with the Manager advise her she has been warned about her behaviour and let her go with one weeks paid notice (dependant of what is in her contract) and ensure someone escorts her to her desk to collect personal belongings and off site. We had to do it recently and there is no easy way of doing it. Keep the meeting to the point make notes and confirm in writing to her.

    Good Luck

    Rachel 

    • Dear Rachel, many thanks to the suggestion. The experiences is really painful. We are in the position to keep everyone in the company but in this situation she is really not suitable for the position and severely affect the the customer's relationship.

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