UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

Do you have to follow disciplinary procedures or is a minimum…

Customer Question
Do you have to follow...
Do you have to follow disciplinary procedures or is a minimum of one weeks notice sufficient for staff that have been employed less than one year.
One of my former managers suspended an employee for one day(sent her home basically for consistant poor performance, again only verbally) and gave her a two week verbal termination notice expecting her to come back the next day. She did not return to work and now have a solicitors letter threatening a tribunal. Should I respond or am I save in the knowledge that the two weeks notice was sufficient
Submitted: 8 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 13 minutes by:
6/10/2010
Solicitor: Michael Holly, Solicitor replied 8 years ago
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 7,088
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Verified

Assuming that her contract does not say different two weeks notice would be sufficient for an employee of less than one year.

Employees of less than one year do not have statutory protection which means that they cannot claim unfair dismissal except for such things as race, age or sex discrimination and would not be entitled to a reundancy payment.

As such in the absence of race sex, or age discrimination they can only sue under their contract sio if you pay for the notice period there is nothing they can do because you simply could have terminated the contract by giving notice anyway

I hope this helps kindly click accept so that I get credit for my answer

Best wishes

 

Yours sincerely

Ask Your Own UK Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Michael Holly Your Own Question
Michael Holly
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 7,088
7,088 Satisfied Customers
Experience: I have 20 years of experience as a solicitor in litigation and other areas

Michael Holly is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,256 satisfied customers

Qualified Solicitor

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,760 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,513 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,177 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
Hi Ben I'm a chef and I work for a small chain of restaurants
Hi Ben I'm a chef and I work for a small chain of restaurants I've been working at my company for 5 years and 3 months but in the last two months I have received 3 disciplines I'm on my final written … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
Hi there, i am 21 years old and i am in my final year of university.
Hi there, i am 21 years old and i am in my final year of university. I work part time in a pub/ restaurant (6 years) i have recently asked for time off (unpaid) at the end of April to complete univers… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
I was dismissed from my employment today after a disciplinary
I was dismissed from my employment today after a disciplinary hearing, the background being I was accused of failing to inform my employers of a pending appointment, failing to submit on time a newspa… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
Hi, I live in the UK. Myself and another girl started work
Hi, I live in the UK. Myself and another girl started work on Monday 2nd August. We were given a contract with a staff handbook and were on a 3 month probationary period to work as Dental Receptionist… read more
Jenny Mackenzie
Jenny Mackenzie
Vocational, Technical or Trade Scho
2,760 satisfied customers
Hi my query An employee joined us in February 2009 - (small
Hi my query: An employee joined us in February 2009 - (small company; we now have 3 staff) Terms of his employment contract - 6 days a week on agreed salary. In early March 2010, he gave us an ultimat… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
I own a publishing business. One of my staff (A) was going
I own a publishing business. One of my staff (A) was going through a disciplinary procedure but made false accusations about another member of staff (B) during an office awards evening. A claimed she … read more
DR Lawyer
DR Lawyer
BA (HONS) Pgdl Pgdlp
2,318 satisfied customers
I run a small swimming buisness, one of my team (17 year old)
I run a small swimming buisness, one of my team (17 year old) who works 5.5hrs per week at £8 per hour as she is a level one teacher. I asked her to take 2 weeks off due to her bad attitude towards st… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
Discrimination I had held a disciplinary with a member of
Discrimination I had held a disciplinary with a member of staff in respect to poor performance, using company property for personal use and discriminating against some members of staff due to their et… read more
Sarah B
Sarah B
Principal
Bachelor\u0027s Degree
171 satisfied customers
I would be grateful if you could advise me as to whether my
I would be grateful if you could advise me as to whether my business (a family run privately owned public house) has sufficient grounds/evidence to warrant dismissing an employee for gross misconduct?… read more
Rob
Rob
Bachelor's Degree
507 satisfied customers
I was suspended from my job on the 2nd March 09. I was told
I was suspended from my job on the 2nd March 09. I was told when I was suspended that i would not be paid as I was bank staff - although I am on a zero hour contract and that the investigation could t… read more
lawsolved
lawsolved
Bachelor's Degree
1,484 satisfied customers
What is the length of continuous employment, in weeks, required
What is the length of continuous employment, in weeks, required under Employment Acts to be eligible for full rights. My daughter has been employed for 51 weeks, and has been refused grievance procedu… read more
AS
AS
202 satisfied customers
I am an employee worked for a company for over 3 years without
I am an employee worked for a company for over 3 years without an employment contract. Last week an incident occured at the work place where I was asked to leave the workplace. Later in the week I rec… read more
A. Stewart
A. Stewart
Master's Degree
2,140 satisfied customers
hello, I have a member that has ben with us 12 months on 7th
hello, I have a member that has ben with us 12 months on 7th January 2008 and, due to poor performance, we wish to terminate her contract asap. I have already been advised that it is ok to do this wit… read more
A. Stewart
A. Stewart
Master's Degree
2,140 satisfied customers
I have been dismissed for gross misconduct from my job as restaurant
I have been dismissed for gross misconduct from my job as restaurant manager. A disgruntled employee wrote a letter accusing me and 2 others of many wrong doings but I was suspended as I was accused o… read more
A. Stewart
A. Stewart
Master's Degree
2,140 satisfied customers
I run a small company with less than 10 staff. I need to make
I run a small company with less than 10 staff. I need to make 1 employee redundant because the work they do is not necessary, their performance has been consistently poor and we can no longer afford t… read more
Steven Haylesbury
Steven Haylesbury
Master's Degree
482 satisfied customers
I am a female employer in a small business and I employ a male
I am a female employer in a small business and I employ a male member of staff who consistently undermines and usurps my authority. He obviously has a problem with my female staff and myself and today… read more
Donna Dodd
Donna Dodd
Head of Industrial Disease
Lawyer
182 satisfied customers
IRUN A SMALL BUSINESS AND HAVE 5 EMPLOYEES one 9MALE ...
IRUN A SMALL BUSINESS AND HAVE 5 EMPLOYEES one 9MALE has bullied other workers TWO MALE 2 female threatening her with clenched fists I HAVE SUSPENDED HIM BEFORE AND VERBALLY WARNED HIM . i think he is… read more
mikeclark
mikeclark
Bachelor's Degree
30 satisfied customers
We are a small company and one of our staff is just ...
We are a small company and one of our staff is just not pulling her weight. She is French and we are English and when she has a bad day (which is often) our clients cannot understand her on the phones… read more
mikeclark
mikeclark
Bachelor's Degree
30 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x