UK Employment law - new employee?
We have just taken on a new employee this week. There contract issued on their first day says notice is one month both ways - no probation period mentioned. They told us they were made redundant from their last sales post because of downturn in economy and that they sold loads of stuff before that.
We have just been told - off the record - by someone senior at their last firm (friend of a friend) - they were sacked for selling nothing in 6 months (simplier / easier sale than our items which are much more technical) - the employee is suing them for not 'helping them enough to sell' (even though told us the courses in the prior firm was A1) and sued their prior place (where they didn't last long or sell anything) - and they are a nice person but also a 'player' / 'chancer' who wants a payoff to avoid ET and not to touched!
References have not yet been requested! I don't believe we told them the position was subject to references but you would expect to be asked for your last 2 firms. We plan to ask them for their last 2 firms contact to get them. Which may call their bluff and we can ask what the problem is when they don't want to give them (They claim last firm didn't give them a P45 which we don't believe).
Can we summary dismiss them for gross misconduct in lying to us in the interview? - they clearly told us a couple of times us they were made redundant and that they had sold plenty of things in prior firm and earned commission.
My boss wants to give them a chance for a month or so - as they are 'a nice person' - but the person has no experience in our product / industry and to be honest we are so laid back as a firm that we would not give them adequate training if they thought their last firm didn't 'help them enough' to sell something.
Can we go for gross misconduct for (it seems) lying in an interview?
Can we just say within 2 weeks of starting - we are letting you go immediately without notice period or reason?
My Boss owns the firm. However he is a nice guy and hate's conflict / dealing with difficult people issues etc. Doesn't like to deal with them and puts them off - hence 'why don't we give them a chance' - rather than ask the new employee their side. But he knows the odds of this person working out is now not good at all. So I get to deal with such issues - it's call delegation of problems.
However I'm looking for other peoples opinion on the legal situation of getting rid of someone within 2 weeks of joining us.
Many thanks for the replies! The friend of a friend - is someone senior in our firm who has worked with the persons line manager and given their professional viewpoint as a friend would. The person claims to have sold stuff in their last firm - their manager says not that they just took the base salary. There are grifters that move from job to job. We are a small firm with 12 employees - none of whom have left in the last 3 years - as we are a good employer - pay wise and how we treat people - but can't afford free-loaders. But maybe too easy in some ways. The new employee also said they could not provide a P45 which would have given extra details on how successful they were - or were not.
They do not want the job - they wanted the money. As we all do. But we have to give something in return. Esp as employing someone for say 6 months - plus agency recruitment fees - training fees - payoff fees! (This person has, if truthful, sued their last few firms for not 'supporting them enough' i
- Steve BLv 710 years agoFavorite Answer
You can dismiss anyone without reason in the first year with zero come-back.... EXCEPT if he can show Racial, Sexual or Ageist Discrimination ..
Plainly you need to get those References and FAST ... if he's lied in a big way, the References may be fake (as may other things such as qualifications ..)
Once you have the References, I suggest you call the employee in (make sure you have a witness if you want to avoid accusations of Discrimination), tell him what you have heard and ask for his side of the story.
You need to resolve what he said at interview against the facts .. if he admits he lied, I would tell him he's fired without notice for Gross Misconduct ... (people who lie at interview can be expected to lie on their expenses claims and find other opportunities to enrich themselves at the Companies expense )
If the References seem a bit dubious but you believe half his story, I would give him his months Notice, starting immediately, with the promise that, IF he achieves during his Notice, you will re-employ him ..
If the References check out and his story seems believable, I would inform him that his actual performance will be reviewed over the next 13 weeks and, if during that time, he fails to deliver, he's out.
If your Boss refuses to back your decision, well it's time to start putting your own CV out there ..
- bataloneLv 44 years ago
Its deemed to be a ermanent function, renewable on the top of each and every 300 and sixty 5 days, or no longer, as the two events have the main appropriate to terminate. In any permant activity, the two aspects have the main appropriate to teminate with 4 weeks throughout the time of a probationary era, 3 months, and with the help of contract thereafter, with the help of 12 weeks observe. So, no everlasting function lasts longer than 4 weeks and sooner or later, extremely. in spite of the incontrovertible fact that, because of fact the activity is a rolling and renewal one, each and every 300 and sixty 5 days, for this reason consiered a clean activity, you are able to lose all enmployees rights as a long-lasting member of artwork stress.
- gailLv 510 years ago
Yes you can get rid of someone so early for lying but oh my goodness I would hate to be an employee of yours.
You have based your assumptions solely on what this friend of a friend has told you and have already hung drawn and quartered this employee without giving him the opportunity to explain himself.
He obviously wanted the job the you gave him and to be honest how many people that have been fired would declare it on their CV ?? Are these people never allowed to work again ?
Many people find themselves in situations where they lose their jobs for making errors and the employer has fired them in a harsh manner (you only have to read this answers thread).
I think your boss is being very fair in giving him a chance and i think you should give him a chance too.
If he does turn out to be all you've said then you can let him go but please give him the opportunity to prove himself first...
- Jan409Lv 710 years ago
He has few employment rights anyway until he's been employed for a year
Basically you can 'let him go' by just saying he is not suitable and he has no come back whatsoever
one of the few rights he does have is not to be discriminated against on the basis of colour, gender, race etc.
You don't even have to give him as much as a month's notice, but to be on the safe side,you shouldSource(s): UK
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- NickLv 710 years ago
Your recruitment offer should have been "subject to references satisfactory to the company".
As others have said, you run little risk in 'letting him go' though I would always recommend a fair process. You at least owe it to him morally to probe the allegations about lack of sales.
I also think that you could probably argue that any job is subject to satisfactory references - as an implied term - so could still use that argument if you needed to.
- TavyLv 710 years ago
Who is in charge here. If your Boss wants to keep them then it's up to him, not sure how you think you can go for gross misconduct, what rights in the firm do you have?
Your boss can sack them straight away for lying in the interview.Source(s): retired business owner