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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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My Name is***** I run a small accountancy practice, and

Resolved Question:

My Name is***** I run a small accountancy practice, and I have two receptionist who have been sick on numerous occasions, late, time off, for one excuse after another, not doing work set, one member of staff dress code not very good, monies missing from petty cash, use office computer for private use.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill : Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
taratill : Sorry that should have read 'how long have they worked for you for?'
Customer:

They have worked for 8 months and 5 months

Customer:

To day I have dismissed one employee the one with only five months as the other member of staff was off sick.

taratill : Ok when a person has less than 2 years service it is fine to dismiss them with notice.
taratill : And a pay in lieu of outstanding accrued holiday .
taratill : The exception to this is if the dismissal could be deemed to be discriminatory on the basis of age, sex, race, religion, pregnancy or disability. Or if the person has raised a health and safety complaint.
Customer:

Can you please confirm if staff are on facebook is this a dismissable offence if it is in work time. The employment contract is silent on facebook use, but not other internet use.

taratill : So long as they have less than 2 years service you can dismiss for any reason, even if it is not in the contract.
taratill : You can write to all of the staff to tell them
taratill : using Facebook at work amounts to gross misconduct in the future.
Customer:

If costs have been incurred by the firm by the dimissed indiviual can I deduct this from her final salary?

taratill : Can you explain what the costs relate to?
Customer:

Abbreviated accounts, not sent to companies house, wrong set sent, costs incurred were £150. for late filing penalty.

taratill : Is there anything in the contract which allows you to make the deduction?
Customer:

No

taratill : In that case it is unlawful to make the deduction. You could consider amending the contracts for the future.
Customer:

Thank you for all your help, regards ***** *****

taratill : No problem please do remember to rate my answer. Thank you and all the best.
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