Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. How long has she worked for you in total?
Hello Jenny, thank you. In total she worked for us since Jan 2013 (1 year and 9 months)
Do you think that directly or indirectly she could argue that her age has anything to do with this?
No, i don't think so; the next member of staff is in his mid 40ies as well; she is just generally to unfriendly and negative
"too" unfriendly i meant
Ok what is the notice period in her contract?
two weeks in writing on either side
Ok as she has less than 2 years service she cannot claim unfair dismissal if you dismiss her. You are therefore enittled to dismiss her with 2 weeks notice and pay in lieu of outstanding accrued holiday. There is no procedure to follow. You can just call her to a meeting and say that you cannot continue to employ her as it is not working out.
The only slight risk is a claim of discrimination under the Equality Act, this would only apply if she could argue that her dismissal was related to her age, sex, race, relgiion, disabillity or for raising a health and safety complaint.
ok, perfect :) Many thanks!
NO problem at all. Please do remember to rate my answer and do come back to me in the future if you need to
ok, this would be hard for her to say and especially to prove