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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I employed a lady on 6th jan 2014.since then I have told her

Resolved Question:

I employed a lady on 6th jan 2014.since then I have told her 4 times shes not working properly ive explained to her showed her but she dont change.she does 16hours per week their is no contract.can I get sack her
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you give examples of what she is not doing correctly

Customer: I own a corner shop. She is not checkin dates stuff goin out of date pop ,food,
Ben Jones :

How many days per week does she work?

Customer: Not filling properly dropping blame on others
Customer: 4 days 4 hours a day
Ben Jones :

If she has been continuously employed at her place of work for less than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.). I see no discriminatory reasons here so it is not something you should worry about.


 


If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. You would either have to allow her to work that notice period and pay her as normal, or you will have to pay her in lieu of notice. You also need to pay her any accrued holidays she has from the start of her employment, which would equal around 4 days.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: So I can give her 4 days pay and tell her she can leave that her works not good and fair on other staff that I've explained it few times to you asked you to come and see me to see if you need extra training and your reply was that you are not immature naive inexperienced kid
Ben Jones :

No you need o give her a week's notice AND 4 days pay for the holidays - the two are separate

Customer: For eg she's due in tomarrow so if I say to her thank you you can work a week that's my notice and pay her weeks wages and 4 day holiday pay I'm alowed to do that.
Ben Jones :

yes, that is all you need to give her to legally terminate her employment

Customer: Thank you so much for your help
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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