We have an employee who started as a trainee on 28th September 2010. I put him on a short term contract of six weeks to six months duration. He signed it on 23.09.10 He was on six months probation. On 14.04.11 he signed another temporary contract with a 12 month probation but I did not have any finishing date on it. 

We have an employee who started as a trainee on 28th September 2010. I put him on a short term contract of six weeks to six months duration. He signed it on 23.09.10 He was on six months probation. On 14.04.11 he signed another temporary contract with a 12 month probation but I did not have any finishing date on it.

On 16.01.12 he got a verbal warning

On 16.02.12 he got a first written warning

On 17.04.12 he got a second written warning

Where do I go from here to rectify this situation? I realise that all temporary contracts should have end dates on them but am I now stuck with this under-performing employee?

Posted in : First Tuesday Q&A ROI on 6 June 2012

A number of opportunities to dismiss arise in this situation. First, the probation period could have been extended to allow continued close monitoring of performance with the employee's knowledge that failure to improve would result in the employer's failure to confirm the employment. (See response to question 3 below).

However, a 12 month probation period is not advisable as it allows the employee the requisite service to being an unfair dismissal claim. It's not clear whether the first and second fixed term contracts were successive. However, the employee would in any event ahve had one

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Back to Q&A's This article is correct at 02/09/2015
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