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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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Hello, we are a construction company that has been employing

Resolved Question:

Hello, we are a construction company that has been employing someone for five months now but it has not really worked out. The employment arrangement was very casual with no formal contract issued or offer letter it was a simple verbal agreement. What do we need to do to draw this to a close and terminate this persons employment?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

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

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded.

For now please let me know if you have warned him before?

Customer:

No, there has been no warning. I suppose we have been treating this period as a trial period and now the general view of our management team is that his work is not of a high enough standard and his level of output is very low.

Ben Jones, Solicitor
Satisfied Customers: 39016
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you for your patience. You are able to terminate this person's employment quite easily.

As they do not have 2 years' service with you they will not be protected against unfair dismissal and as long as you are not dismissing them for any discriminatory reason, such as because of their age, gender, race, religion, etc then you will have no problems in dismissing them.

You would be expected to give them any contractual notice period and accrued holidays. If there was no contract then you would need to give them a week's notice and also calculate how many days' holidays they have outstanding from their time they worked for you.

You do not have to hold a formal procedure and can simply ask them to attend a meeting where you can hand them a letter confirming their dismissal. You do not have to make them work their notice period and can decide to pay them in lieu of notice instead.

I hope this has answered your query and 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

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Ben Jones
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Expert in UK Employment Law