Get UK Law Questions Answered by Verified Experts
How long have you employed the employee?
Hi, employee commenced Saturday 10 October 2009.
Only employees who have been employed for a year are protected against being unfairly dismissed. If the employee has not been employed for a your an employer can dismiss that employee whether you have a good reason or not.
It does not matter that you do not have a contract in writing - you still have a contract with the employee.Provided you serve the correct notice and otherwise do not breach your contract with the employee. Assuming that there are no terms you have agreed with the employee which you have breached then you will be fine, were you to have breached any terms of the contract with the employee then they would be able to sue you for wrongful dismissal under contract law
As to notice it depends if you agreed anything with the employee, but the statutory notice period for an employee employed for less than two years is one week.
If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow-up questions.
I have clicked on accept so funds will be sent to you.
Just one query, if the employee had been with us for one year, would non attendance be acceptable as gross misconduct so we could dismiss starigh away, or what course of action would we have to have taken
Almost certainly not. Gross misconduct is generally reserved for things like theft or divulging trade secrets.
It will be misconduct though and you should follow the disciplinary and dismisall process recommended by ACAS. You can either call them (it's free) or visit their website for details of the process.
You have not click accept I'm afraid - it would show on this thread. Please kindly click accept after reading this post if you are satisfied with my answer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).