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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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I have a member of staff that doesnt work to the level I require

Customer Question

I have a member of staff that doesn't work to the level I require in managing a cafe.

He was never given an employment contract. He has been working for me since September 2012. He has now given a sick note for 10 days because of a pulled muscle. I wish to dismiss him on his return. Please advise on procedure to dismiss him including what notice period I have to give.
Submitted: 3 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

It would be reasonably straightforward to dismiss him because if he has been continuously employed at his place of work for less than 2 years then his employment rights will be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that you can dismiss him for more or less any reason, as long as your decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). I see no factors that could make this a discriminatory dismissal.

If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period. Unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. You would either have to allow him to work that notice period and pay him as normal, or you will have to pay him in lieu of notice.

When he returns from work you can simply ask him to attend a meeting and advise him that his employment is being terminated with immediate effect and that you will pay him in lieu of notice for the week he is entitled to as well as any money due to date, including accrued holiday pay. You may then ask him to vacate the premises immediately and pay him all he is due on his next pay run.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you