Some 9 weeks into employment, we have established that a trainee has failed to complete all of her pre-employment tests, this was partly due to inefficiencies in our department. A test was subsequently arranged and it was failed. This test can be taken again, but not for 6 months (July).

The trainee has been employed on a permanent contract with a 9 month probationary period (until late July) and during her training she has performed well. Training is due to be completed at the end of February but they will not be allowed to perform their job role without completion of the pre-employment test.

A meeting has been set up to review the employee's continued employment and one option being considered is to terminate her contract, providing one week's notice on the basis that the required training and assessments have not been passed (as defined in offer letter) and on the basis that they would not be able to perform their job role until at least late July.

Is it reasonable to terminate the contract of employment on this basis? Or would the fact that that the employee can still re-take the test within their defined probation period make this unreasonable?

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