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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i have an employee who did not turn up for work last sunday

Customer Question

i have an employee who did not turn up for work last sunday without contacting us, i told her this must never happen again as it is a lone worker position, and today she has not turned up for work again without contacting us.

we are a new company, and did not realise we should give our employees contracts, so she does not have any contract.

can we dismiss her from the empolyment for not turning up for work?
if so what notice period/pay in lieu of notice do we have to give her.
our company also have lost money as we have to credit the whole days fee to our client
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

HelloCustomer

 

How long have you employed the employee?

 

Kind regards,

 

Tom

Customer: replied 4 years ago.

Hi, employee commenced Saturday 10 October 2009.

Expert:  Thomas replied 4 years ago.

Hello Pidgely

 

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.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6644
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Hi Thomas,

 

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

 

Many Thanks

Expert:  Thomas replied 4 years ago.

Customer,

 

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.

 

Tom

 

With

Expert:  Thomas replied 4 years ago.
Sorry pidlegy - you have clicked accept. My mistake!!

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