dismissal after just one day

ergo

Quick query

am running an SME - less than 5 part time employees

lets just imagine a hypothetical situation - I took someone on - verbal offer of 6 month contract but nothing signed - they have worked one and a half days - it's clear the "fit" is not right - but the person does appear capable for the job

they have already changed their availability at last minute and put us in a real fix in terms of cover - with just one day's notice

after 2 days can I legally just end things/ ie terminate the agreement / I suspect I'm well within my rights - do I need to give good reason?

antoinolachtnai

The usual way to deal with this situation is a probation period.

The employer would most likely have to pay the notice period.

An employer would need professional advice on this situation if they were not very experienced.

The professional advice would be critical to make sure there are no special circumstances that could apply.

ergo

it would appear to me that in Ireland the minimum period of notice applies to a person who has been in employment for 13 weeks or more

in this hypothetical situation let's just say the person was due to start work and work 4 days in a row - the day before the first day they inform the employer they can work day 1 but can't work days 2-4

there is a suggestion that future reliability will be an issue

-at this very early stage does an employer need a valid reason to terminate? if the above isn't enough

I know no substitute for professional advice but if anyone had experience would appreciate their thoughts

pedronomix

If you have not accepted their change of avaiability, they effectively break the verbal contract and you have the right to terminate. It does seem your HR execution is sloppy in the extreme.....

ergo

pedronomix wrote: »

It does seem your HR execution is sloppy in the extreme.....

yes, I know

I should add, if it's not obvious, I'm new at this - it's a very small operation but don't want to give too much info specifically

the reality is, if I cannot see myself working with a person longer term then I feel it maybe it's a better option to cut ties right now than, for example, give a week's notice/ let things drag on for weeks or longer

lesson has/is being learned

Dont see why you just can't part ways straight away, with no contract in place. "Sorry your schedule doesn't suit the company, thanks for your help up to now, and goodbye"

Mrs OBumble

If you have not specific a probation period, then one year applies. No need to give a reason, just say that it's not working out. Pay them for the time they have worked.

pedronomix

You do need to skill up in the whole HR area, not just the usual employment law but clearly the whole selection and interview process was obviously defective too. This is area that can easily get out of control without proper procedures and paperwork, if you mess it up, the lesson can be very expensive indeed, not to mention stressful, time consuming etc.

RainyDay

ergo wrote: »

they have already changed their availability at last minute and put us in a real fix in terms of cover - with just one day's notice

Have you told the hypothetical new recruit that this availability issue is a deal-breaker for you? In all fairness, at least be clear about what you expect from your employees.

spinga

As stated above as they are employed less than 13 weeks no notice need be given.
Tell them change of availability does not suit you.
Be more selective going forward, I've done this many times if you need specific advise.
Tell them in the morning they are finished that day, let them leave straight away and pay them for the day.
Never let them know there is a lack of HR knowledge on your part.

Egginacup

ergo wrote: »

Quick query

am running an SME - less than 5 part time employees

lets just imagine a hypothetical situation - I took someone on - verbal offer of 6 month contract but nothing signed - they have worked one and a half days - it's clear the "fit" is not right - but the person does appear capable for the job

they have already changed their availability at last minute and put us in a real fix in terms of cover - with just one day's notice

after 2 days can I legally just end things/ ie terminate the agreement / I suspect I'm well within my rights - do I need to give good reason?

Has not the employee already breached the original verbal agreement? If so then I would be surprised if your "end of the deal" is still enforceable.

RUDOLF289

ergo wrote: »

Quick query

am running an SME - less than 5 part time employees

lets just imagine a hypothetical situation - I took someone on - verbal offer of 6 month contract but nothing signed - they have worked one and a half days - it's clear the "fit" is not right - but the person does appear capable for the job

they have already changed their availability at last minute and put us in a real fix in terms of cover - with just one day's notice

after 2 days can I legally just end things/ ie terminate the agreement / I suspect I'm well within my rights - do I need to give good reason?

Suggest to have a look at the following link ;

https://www.lawsociety.ie/Documents/committees/employment/Guide_final.pdf

Refer to Section 2, minimum notice.

I quote ;

Employees are entitled to statutory minimum notice or pay in lieu except where they have been working for an employee for less than 13 weeks or are dismissed for gross misconduct.

The only concern there may be is if you have "induced" the employee to leave a job where he had built up entitlements. In that case there may be a case to be made.

Whilst it is perhaps a good practice to issue a letter of employment setting out terms on commencement of employment, I believe if you do that within 28 days of the employee starting employment, you should be ok.

I reckon that the document by the Law Society of Ireland is fairly comprehensive and should be a good guide for prospective employers on how to make sure everybody's rights are protected and understood.

Cheers,
Rudolf289

antoinolachtnai

The kinds of exceptions you could run into are if there is an issue to do with one of the discrimination grounds, or if there is a contractual issue. The contractual issue is that the aforementioned protections are statutory obligations but there may very well be contractual obligations in addition. An example of how a contractual obligation might arise is that if you agreed at the outset to pay the person monthly, it may be considered an implied condition that the employment is on a 28 day cycle. Or if the work has a natural period (for example if you employ a bus driver for a week-long guided tour and the guide could naturally consider the week's work as an implied term of their contract). The fact that you didn't give the person an express set of terms and conditions setting out the probation period could deepen this problem. (It is not strictly necessary to give an employee a copy of their terms at the outset but it is probably good practice.)

In practice, an employee is very unlikely to sue you in Court in such a situation (because the potential compensation is so low and the costs would be so high) so maybe you can disregard it. But there are exceptions, like if the person had just left another well-paid job to take your job, they might feel aggrieved and take such action. There are a lot of gotchas that can happen and obviously we don't know all the circumstances. That's why the ideal is if you have a professional review the situation and your HR practices generally.

That said, sometimes it is more important to act fast than to cover off every single possibility.