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. This is because employees only gain statutory protection against unfair dismissal after accruing two years’ continuous service with the same employer.
It may be that you do not think an individual is the right fit for your company or organisation, or there could have been various conduct or capability issues that have raised legitimate concerns. For the employee with less than 2 years service, this may mean that their contract of employment can be lawfully terminated, without further investigation or prior warning, and without the need for you to defend either your decision to dismiss or the way in which this is handled.
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