The worker in question had been employed for a couple of months as an office administrator in a small engineering firm. The firm contended that her performance was poor during the probationary period. Unfortunately for the firm, they were unable to support this argument and they had failed to use a competency-based procedure for recruitment or when her employment was terminated. The evidence failed to support their contention that the employee was not up to the job.

The employers contended that she was only doing 90% of her job and that she must improve in the forthcoming months. At the same time, they arranged for an older employee to undertake some of the work. She was perceived as having more experience and an inference was drawn by the tribunal that there was deemed to be a link between age and ability. The employee's termination was undertaken but no formal meeting took place and notes were kept. The employee alleged that she had been dismissed because she was too young for the job; the employer could not recall such a conversation. The employee was dismissed without notice. Her subsequent claim was successful and resulted in an award of some £16,000.

This was an expensive lesson for the employer to learn and some points need to be carefully considered by employers for the future.

• Make sure that any recruitment is properly undertaken based on a competency method.
  
  
• Ensure that the probationary and induction process is carefully documented. If the employee asks for support, as in this case, ensure that it is given where reasonable.
  
  
• Keep a record of meetings: record the failings and make sure that they are based on competency and capability. If the employee is young then it may be necessary to consider that in relation to work progress and expectations.
  
  
• If the probationary period is unsuccessful then make sure any termination is properly documented and go through the minimum Statutory Dismissal Procedure. This will provide the employer with documentary evidence of why the employee was dismissed, provide for a right of appeal and should prevent an uplift of 50% in the award, as was made in this case.

This may only be a tribunal case, but it highlights the enormous risks that employers take where they lightly dismiss employees during probationary periods assuming that, because the employee has less than 12 months service, they can bring no claim.

The Statutory Dismissal Procedure should be followed as an essential defensive tool in the employer's armoury. This case highlights the need to have a proper probationary and induction process.

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