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UK-Justice
UK-Justice, Barrister
Category: UK Employment Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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trainee employee started 16th nov 2011, on 12/3/12 i invited

Resolved Question:

trainee employee started 16th nov 2011, on 12/3/12 i invited he in for a disciplinary meeting in reguards to unacceptable levels of absences, breach of procedure in relation to reporting sickness and absence from work and also poor performance, this all came to head when she left the salon without permission then text next day to say she wasnt attending then for two days after that no notification at all, acas said i was within my rights to warrent the employee with a final written warning and this is what i done on the 13/3/12 with the understanding that these conditions improved within 3 months or it would call for immediate dismissal, but only 1 week later she phoned to say she wasnt attending work , same the day after , she recieved a 2 week sickline from the doctor on wed 21st march but didnt call me till the 22nd march , salon procedure is as soon as you know you are not attending you call me personally to notify me so i can organise cover , she was ment to be back at work wed 4th march no phone call or any notification as to what was happening but i recieved another 2 week line in the post today fri 6th march back dated , but still not following salon procedure , i know she is in total breach off salon procedure & her final written warning am i able to dismiss this employee when she has held in another sick line , ( the employee is now pregnant ) help please
Submitted: 5 years ago.
Category: UK Employment Law
Expert:  UK-Justice replied 5 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

Yes.

As the employee has not been with you for 12 months you need not worry about any claim for unfair dismissal.

At its very highest all you would be liable for is notice pay and accrued holiday.

So yes you can go ahead and dismiss on the basis of attendance.

Please remember to click accept so that I am credited for my time. Thank you.
UK-Justice and other UK Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
your saying i can dismiss on the basis of attendance, but if she is handing in sicklines with regaurds to her pregnacy , can i do that ?? its the total lack of respect for salon procedure that is the problem , she is not following anysort of protocall that was discussed at her disciplinary meeting so should i not be going down that road in terms of dismisal
Expert:  UK-Justice replied 5 years ago.
As long as you are not dismissing on the grounds on her being pregnancy then yes it will be fine.

Make sure it is on the grounds of attendance not pregnancy.

Please remember to click accept so that I am credited for my time. Thank you.