Can you dismiss someone within 2 years?

Can you dismiss someone within 2 years?

By law, you can usually dismiss an employee with less than 2 years service without the need to demonstrate a fair reason for the dismissal, and with no positive obligation to go through a fair disciplinary or dismissal procedure.

What counts as a break in continuous service?

What can break an employee’s continuous service employment? Unless an exception applies, continuity will be broken when there is a one week (Sunday to Sunday) break between two Contracts of Employments. Events that do not break continuity include: periods of annual leave, sick leave and maternity and paternity leave.

Is unpaid leave a break in service?

Generally, during pre-arranged unpaid leave the employee remains under a contract of employment and continuity of service will therefore not be broken.

How long can an employee stay on long-term sick?

Employees are usually considered to be ‘long-term sick’ when they’ve been off work for four weeks or more. The four weeks don’t have to be continuous — periods can be linked if they last at least four days and are eight weeks apart or less.

Can my employer dismiss me for ill health?

An employee cannot be made redundant due to ill health, although they can be fairly dismissed on grounds of capability, as long as the employer has acted reasonably in all the circumstances and made any reasonable adjustments within the workplace, wherever possible.

Can my employer replace me while on furlough?

Your employer can still make you redundant while you’re furloughed or afterwards. However, any redundancy should be in line with normal redundancy rules and procedures which depending on the numbers of people at risk of redundancy, may require collective consultation.

Is unpaid leave a right?

In the most part, unpaid leave comes down to employer discretion. That said, there are two areas where unpaid leave is protected by law: Caring or parental rights such as parental leave. Time off to carry out public duties, specifically jury service and magistrate duties.