UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

were a small business. We have 1 member of staff who is likely…

Customer Question
we're a small business....
we're a small business. We have 1 member of staff who is likely to be off sick from May until Sept. We had no other staff who were available in May to do extra hours so took on someone new. They have worked for 4 weeks, have been on the sick for 2 and now say the condition still undiagnosed is likely to keep them off work indefinately so they want to be paid sick pay. We have to replace this member of staff, but we now don't have the time to train anyone new before I have to take time off to go buying. Can I dismiss the new member of staff and replace her with an ex employee who has come home from university and will need minimum training? Help.
Submitted: 8 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 7 hours by:
6/20/2010
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

Yes you can terminate their contract by giving notice under the contract.

In the first year an employee has no right to claim unfair dismissal or redundancy and can only claim under the contract so as long as you pay for the notice period there is nothing they can do

If their condition is one that would be covered by the Disability Discrimination Act then you need to make reasonable adjustments to cater for the disability which would include time off . However here your need for someone in that position would counter that

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

Best wishes

 

Yours sincerely

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
Michael Holly and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago

Right, dismissed her, gave her 1 weeks pay in lieu of notice, she'd had 3 days paid leave so told her there was no outstanding holiday entitlement. Got a notice today from Employment tribunal. She is asking for 4 weeks pay as she had not received any terms and conditions, a breach of her Statutory rights under Employment Rights Act 1998. She says her pay in lieu was taxed and as it was compensation should be tax free. Not according to the tax office. She is claiming SSP from the day she was ill until she is well enough to work. She is also claiming an unspecified amount of owed Holiday Pay.

Why have the Employment Tribunal taken this on? What have I done wrong?

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 i have been working part time in a pub since september and
hi i have been working part time in a pub since september and working 2 shifts a week apart from occasionally one shift or no shifts a week when new staff have been getting trained or i have needed ti… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
My partner recently had his probation terminated by his employer.
My partner recently had his probation terminated by his employer. They placed him in a very stressful position and into a job for which he received no training. Two more qualified staff members had al… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
I am contracted 16 hours/week, at the moment I have agreed
I am contracted 16 hours/week, at the moment I have agreed to cover another employee who is off long term sick and so i am working (without a new contract) 30hours/week. i swapped christmas/new year w… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
Hello, I work in a private hospital and recently they opened
Hello, I work in a private hospital and recently they opened a new building. The problem is, the CEO have decided not to give chairs to anyone, so, from the registration desks on the ground floor, up … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
I am facing disciplinary action which will almost certainly
I am facing disciplinary action which will almost certainly end in dismissal as I am on final written warning. Whatever the outcome I will resign anyway. Is there any benefit to resigning immediately.… read more
Michael Holly
Michael Holly
Solicitor
Bachelor's Degree
7,088 satisfied customers
If your work has been taken from you and given to new staff
If your work has been taken from you and given to new staff member (because this new person on much lower salary then you) and then boss makes you redundand "because there are no more work for you" an… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
can a company dismiss a member of staff who in on a training/probabtional
can a company dismiss a member of staff who in on a training/probabtional period and this period has not ended yet, and the company find out that this staff member has been signed off permantely sick … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
I am Planning to expand my curent private day care business
I am Planning to expand my curent private day care business by offering 3 and 4 year old provision. My nursery is situated in a school building and the school have previoulsy run a maintained nursery … read more
Jenny Mackenzie
Jenny Mackenzie
Vocational, Technical or Trade Scho
2,760 satisfied customers
I am currently off work as I am covered by a sick note up to
I am currently off work as I am covered by a sick note up to 27.12. My boss has sent me a letter today hinting that she does not believe I am ill and that she will only pay me full pay up to 17.12. I … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,256 satisfied customers
I have been called to come to work on my day off to discuss
I have been called to come to work on my day off to discuss performance related issue with regards XXXXX XXXXX Diner report. I have agreed to come as we have a new General Manager and he asked me to c… read more
Kasare
Kasare
Solicitor
Bachelor's Degree
2 satisfied customers
A meeting was arranged with one of my managers to discuss her
A meeting was arranged with one of my managers to discuss her unreasonable attitude towards her staff members. As presumed she ranted and counterclaimed against me therefore making the meeting impossi… read more
ivorylounge
ivorylounge
44 satisfied customers
Hi I work in a veterinary practice and we have different levels
Hi I work in a veterinary practice and we have different levels of experience and training within the practice along with qualified staff. We have found out that some of the less experienced members o… read more
A Hayat
A Hayat
solicitor
Bachelor's Degree
337 satisfied customers
we have a female employee who started work in September 2008
we have a female employee who started work in September 2008 working as a beauty therapist along with another female staff member who started later, they we given part time hours between them. In Dece… read more
lawsolved
lawsolved
Bachelor's Degree
1,484 satisfied customers
I own a small hair and beauty salon, 5 part time workers. One
I own a small hair and beauty salon, 5 part time workers. One of the ladies was off 3 years ago for 7 months for an operation on her feet. Last year she was off for 2 months for the same thing. Now sh… read more
cmd2008
cmd2008
Solicitor
Bachelor\u0027s Degree
43 satisfied customers
I am suffering from a long term chronic back injury. In a meeting
I am suffering from a long term chronic back injury. In a meeting with my Matron ( I am a RN and worked in the NHS until I was dismissed due to capability) and we agreed that I was to be treated speci… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,227 satisfied customers
Can I refuse to allow a staff member to work beyond 65 (NHS
Can I refuse to allow a staff member to work beyond 65 (NHS employment) which she would like to. The staff member works only 15.5 hours and the hours would be better used by distributing them through … read more
Patrick
Patrick
Bachelor's Degree
100 satisfied customers
Hi, I am writing on behalf of a dear friend who is in too
Hi, I am writing on behalf of a dear friend who is in too bad an emotional state to get in touch herself. Sal has worked for her company for 22 years. I worked for the same company for 24 years before… read more
PTS Law Ltd
PTS Law Ltd
35 years experience English Solicit
1,198 satisfied customers
Hi i have just taken over a business and 4 staff under a tupe
Hi i have just taken over a business and 4 staff under a tupe agreement, i staff member has been sick since feb 2008 and most probably will never return to work as she retires in 1 year. another went … read more
Sarah B
Sarah B
Principal
Bachelor\u0027s Degree
171 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