18 February 2008
Employment rights 'are preserved' if former employee is rehired within 26 weeks
If an employee who resigns or is dismissed for reasons connected with sickness or injury is then rehired by the employer within 26 weeks, his or her employment continuity is preserved, an expert has said.
Peter Done, managing director of Peninsula, stated that this means employees who fall into this category and have worked for a firm for a sufficient length of time have rights to statutory minimum notice of termination and the right to claim unfair dismissal, among other things, the Times reports.
Therefore, in such cases, if an employer wishes to dismiss the member of staff, they will have to go through a proper capability process involving support, warning and monitoring, just as they would for any employee who has had more than a year of service.
Recently, Consult Gee released findings which suggested that the maximum amount handed out to victims of unfair dismissals has risen significantly over recent times, experiencing an increase of 473 per cent over the last decade.