Why cant I just sack an employee if s/he is not working out?
If that employee is eligible to make an unfair dismissal claim, then you will be obliged to only fairly dismiss that employee. In broad terms, this means that you will need to have a valid reason for dismissing that employee. The reason for dismissal will not be valid if it breaches a law e.g. anti-discrimination laws. You will also be obliged to ensure that the employee is the subject of a procedurally fair process this means that you should: inform the employee at the outset what your expectations are in respect of both performance and conduct; inform the employee when s/he does not meet your expectations and what s/he needs to do to improve and what the consequences may be if s/he does not improve; and give the employee the opportunity to defend him/herself. Where an allegation is made against an employee (e.g. misconduct), then you are obliged as his/her employer to be impartial in your approach and ensure that the allegation is investigated properly.
