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Thomas
Thomas, Solicitor
Category: UK Employment Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I need to dismiss an employee (nanny) due to persistent poor

Resolved Question:

I need to dismiss an employee (nanny) due to persistent poor timekeeping and an unacceptable sickness record.She has been given 3 verbal warnings although nothing in writing.She is still in her probationary period - but , to my knowledge didn't sign her employment contract given to her at the start of her employment. Does this have any implications for me as her employer? how much notice to I need to give?

Thanks
Submitted: 7 years ago.
Category: UK Employment Law
Expert:  Thomas replied 7 years ago.

Hi,

 

Thanks for your question.

 

How long have you employed her and does the employment contract state a specific length of notice period?

 

Kind regards,

 

Tom

Customer: replied 7 years ago.
she has been employed for 3.5 months and the contract stated i month notice period . I verbally extended her probation period to 1st June 2010.(it states 3 months from commencement of employment in the contract)
Expert:  Thomas replied 7 years ago.

Right.

 

Until employees have been employed continuously for one year they generally only able to pursue rights for breaches of contract. She does not have the right not to be unfairly dismissed. You can dismiss her for the reasons you state and provided you have (and will) not breached any terms of her contract then you will face no recourse from the employee.

 

You are probably bound by the terms contained in the employment contract with respect to notice so I would give her the one month in stated in the contract (the statutory minimum is only one week for future reference), if you do not she may have a claim against you in this regard.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom



Edited by Thomas on 5/3/2010 at 8:47 PM EST
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