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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
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Experience:  10 Years of experience in Employment Law and HR
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Question about changing a job role. Hi I have an employer

Resolved Question:

Question about changing a job role.

Hi I have an employer who was originally taken on for one job but is not really meeting the standard expected, despite being supported and helped to understand what is required.
she has less than one years service and no previous warnings.

On the one hand I have decided to 'let her go' however I have another role which I think she could be good at and I would liek to give her a trial in this new role.

Would this be counted as a continuous period of employment or could I effectively dismiss her and then re-employ her.

When does an employer acquire full employment rights is it one or two years service.

thanks
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hi there, for employees engaged later than 6 April 2012 there must be 2 years continuous service to achieve full employment rights.

If you change her position now then she would have continuous service from her start date. If you want to avoid this then it would be better to dismiss then re engage her.

If you have any further questions please ask, if you are happy Witt my answer I would be grateful if you would give a positive rating. Thank you and all the best.

Customer: replied 1 year ago.


Is it acceptable/possible to dismiss an employee from one position and then immediately re-employ them in another position? or would a tribunal see this as one continuous period of employment.


 


thanks


 

Expert:  Jenny McKenzie replied 1 year ago.
Hi , if you were to dismiss them immediately re engage then she would have continuous employment, to avoid that there must be a break of at least 2 weeks.
Jenny McKenzie,
Satisfied Customers: 5438
Experience: 10 Years of experience in Employment Law and HR
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