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Can I sack my employee in his probationary period as his performance is not up to scratch?
I have an employee who is in his probationary period. It was initially for three months, but because he was not doing or could not do his job, despite numerous training sessions and meetings and discussions about his work, I told him that I wouldn't give him a permanent contract but would extend his probationary period for another three months. One month in and things have not improved at all. His work is appalling, he doesn't understand the business, is lazy and is late in every morning. His terms and conditions say that during the probationary period either party can decide it's not working out with only one weeks notice. What can I / can't I say to him and am I within my rights to sack him?
In a case like this you need to have a formal meeting with this employee and advise him that he has failed his probationary period of employment and you are giving him one weeks notice in accordance with his contract of employment. You may wish to pay him in lieu instead of him working his notice.
As he has less than 12 months service he cannot claim unfair dismissal unless some form of discrimination is involved.
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