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This letter should be used where a new employee has not successfully completed a formal induction or probationary period due to their performance not meeting the required standards and it has been decided that the employee’s employment will be terminated.
Based on best practice, this letter assumes that previous discussions have been held with the employee about their performance, that they have been counselled on areas for improvement and where it is deemed that required performance has not been met, the employee has been verbally advised as to the possibility of termination of employment prior to this letter being issued.
Note: this letter should only be provided where the employment is being terminated within the minimum employment period (i.e. the default exclusion period whereby all new employees under the national system are automatically subject to an initial 6 month period – or 12 months in the case of a small employer – where unfair dismissal claims cannot be pursued). Note that this exclusion does not apply where the employee is being terminated for a prohibited reason (e.g. sex, race, religion etc.) as claims such as general protections or unlawful termination do not require the minimum employment period to be satisfied.
It is advisable for employers to seek advice before terminating the employment of an employee. This is particularly important where the termination is occurring outside of the minimum employment period or where there are risks that the termination may be perceived to be for a prohibited reason.
Guidance notes and instructions are shown italicised.
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