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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44867
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employee in a senior position who has worked for

Customer Question

I have an employee in a senior position who has worked for us for 8 months, her attitude and performance are very negative and I wish to dismiss with 1 week's pay in lieu of notice, how should I go about this?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does he have a contractual notice period?

Customer: replied 1 year ago.

1 week's notice period

Expert:  Ben Jones replied 1 year ago.
Does her contract say she can be dismissed in lieu of notice?
Customer: replied 1 year ago.

A contract has not be issued formally, 1 weeks notice is minimum legal entitlement

Expert:  Ben Jones replied 1 year ago.
As the employee does not have 2 years’ service she will not be protected against unfair dismissal. This means you could dismiss her for more or less any reason as long as it is not linked to any discriminatory reasons, such as gender, age, race, religion, etc. I do not see that being the case here so you should have no problem.
All you need to do is issue the person with their contractual notice period and that would terminate their employment. So you can either ask her to a meeting and confirm the dismissal there, following it up with a letter, or just send a letter confirming her termination. The only issue is that there is no contractual entitlement to dismiss her by paying her in lieu of notice and you would have to allow her to work her notice period. However, if you were to pay her in lieu of notice there is little she can do to challenge this even if you did not have that right. Just make sure you pay her for all benefits she would have received during that week, such as accruing additional holidays and anything else, like car allowance, etc.
So in the end you can just send a letter, advising her that she is being terminated with immediate effect, being paid in lieu of notice her week’s pay and any other benefits and that would be the end of the matter. You do not have to provide reasons for dismissal or give her the right to appeal.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you

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