If a member of staff has less than 1 years service (only 5 months in fact), can we dismiss them without following a disciplinary process? He has simply not performing well. Moral considerations aside, can we legally call him into the office and tell him to go without giving him notice of the meeting or any chance to be accompanied?

Our disciplinary process does state “The Company reserves the right to discipline or dismiss an employee with less than 12 months’ continuous service without following the Disciplinary Procedure.”

I realise this is not best practice at all but legally could we do it?
AP