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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47914
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have realised that one of my staff members is becoming

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Hi Thomas,I have realised that one of my staff members is becoming extremely disobedient and really not listening. What sort of steps can i take? She has been with us now since Sept 24 of last year, and so its almost been a year. So If possible Id like to know about the things i could do if the rude employee continues.Kind regards ***** ***** White

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Ideally what are you hoping to achieve in the circumstances?

Customer: replied 1 month ago.
Hi Ben, Well to be honest if things continue Id like to really dismiss the unruly employe while using precaution and being correct in that judgement.

That should not be an issue to be honest. If she has been continuously employed at her place of work for less than 2 years then her employment rights will be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that you can dismiss her for more or less any reason, and without following a fair procedure, as long as your decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave

· Making a protected disclosure (i.e. whistleblowing)

· Being a part-time worker

In the event that the reason for dismissal fell within any of these categories, then the dismissal could be automatically unfair and there could also be a potential discrimination claim.

However, if the dismissal had nothing to do with any of the above exceptions, she would not be able to challenge it. In that case her only protection would be if she was dismissed in breach of contract. That could happen if she was not paid her contractual notice period (unless she was dismissed for gross misconduct) or you had not followed a contractually binding dismissal procedure. But on the whole the reasons for dismissal cannot really be challenged unless they fall within the exceptions mentioned above.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones and 3 other UK Law Specialists are ready to help you
Customer: replied 1 month ago.
Hi Ben,I have to say thanks for your assistants and I am definitely now aware of the things I can and can not do according the law when comes to dismissing an employee. Thank you once again.

You are most welcome, all the best