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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employer i need to dismiss she is on sick pay but

Resolved Question:

I have an employer i need to dismiss she is on sick pay but also a final written warning
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you please tell me how long she has been with you

Customer:

6 months

Ben Jones :

OK thank you, XXXXX XXXXX it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Customer:

Sorry but need to do this today as the situation is getting out of hand at the moment.

Customer:

I would have liked to resolve this before 12.30 pm as she will be coming for her wages today.

Ben Jones :

I am just on my way out but basically as she has not been with you for two years you can dismiss her with no come back.

Ben Jones :

if you need more detailed advice I will be back just after 5pm thanks.

Ben Jones : Just to check what is the reason for her sickness?
Customer:

Stress of Work is on her fit note,

Ben Jones : Is that a long term thing and have you identified any risks that could cause this stress
Customer:

no its out of the blue she was of for sicness bug at first and then it snowballed after her written warning about her misconduct at work which was about her swearing and violence to another member of staff

Customer:

no identifiable risks at work 4 hours aday kitchen assistant.

Ben Jones : Okay well general rule is that employees with less than two years of service with their employer are not protected against unfair dismissal. However there are certain exceptions and the most relevant ones in this case would be if she was dismissed because she had a disability all for health and safety reasons. A disability is a long term condition that lasts for more than a year and has a significant impact on a persons daily activities. Health and safety reasons could for example be you asking her to do excessive hours that are unreasonable in the circumstances and her health is suffering as a result. If neither of these apply then you can dismiss her by giving her the contractual notice sheis entitled to and any accrued holidays
Ben Jones :

Hi, did you meet with the employee today? Is there anything further I can help you with in relation to this?

Customer:

I met with employee I chose to dismiss her,

Ben Jones :

ok that's fine, hopefully none of the exceptions I mentioned above apply. Can I help further with this or was your original query answered?

Customer:

Thanks for help and know you were busy would have liked to have been a bit more in depth and a bit more assured

Ben Jones :

Yes I understand, apologies but sometimes getting urgent advice out at short notice would just cover the basics to ensure you do not go and do something that is obviously wrong, which is why I highlighted the limited circumstances in which the employee may challenge the dismissal so that you considered whether these applied before making a decision

Customer:

Thanks

Ben Jones :

You are welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45355
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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