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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47594
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an employee who is nearing their first 2 years service

Resolved Question:

I have an employee who is nearing their first 2 years service and due to attitude and other factors are considering terminating their employment before this period. They have 1 weeks notice period, if I choose to terminate their employment would I need to do it a minimum of 1 week before the 2 years service? Or can I wait until the day before the 2 year period (meaning the 1 week would stretch into the 2 years period)?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is there a clause allowing you to terminate by paying them in lieu of notice?
Customer: Hi Ben, there is no specific clause to that effect. Just that they are entitled to statutory minimum notice which is the 1 week.
Ben Jones :

As far as the employee's rights on unfair dismissal are concerned (these kick in once they have at least 2 years' service), they are based on the termination date, not on the date that notice is issued. So if you wanted to ensure that the employee cannot challenge the dismissal you must terminate their employment before those 2 years have been completed. It means you must issue them with notice, which would terminate before the date of their 2 year anniversary with the company. You cannot allow the notice to take the employee's service over the 2 year period because they would then have unfair dismissal protection. So time it that the notice actually expires before their 2 years have been completed

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Perfect thanks for the clarification.
Ben Jones :

you are welcome

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