How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask taratill Your Own Question

taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

We are a small business and I have one employee who is continually

Resolved Question:

We are a small business and I have one employee who is continually taking time off. He has only been with me since June of this year. He was employed as a driver and has refused already to do one job allocated to him. I am unable to rely on him turning up for work which puts added pressure on myself and the other two members of staff. what options do I have and can I terminate his employment?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. What reason has he given for the absence?

Customer:

Family commitments and illness, but never given a full reason

taratill :

Hi as he has less than 2 years service he cannot claim unfair dismissal if you dismiss him. The only possiblity of a claim would be discrimination under the Equality Act, but this would only apply if the reason for his dismissal was his race, sex, religion, age, disabilty or for him raising a health and safety type complaint. This does not seem to be the case here.

taratill :

you can therefore terminate his contract with notice which will be set out in his contract or if he does not have one will be a week's notice.

taratill :

You should also make him a payment for outstanding accrued holiday pay.

taratill :

He will not have any recourse if you do this and it is advisable to get rid of him before too long if it is not working out.

Customer:

Can I send him home straight away and say that I will pay him one weeks basic wage. He is paid one week in arrear so if I terminated his employment tomorrow, if he turns in, he would receive his last wage a week tomorrow. His holiday is the minimum entitlement so as he was employed on the 16th. June of this year what would be his entitlement

taratill :

Yes you can send him home straight away. You should pay him holiday based on 5 months less any he has taken so. 11.6 days pay for holiday.

Customer:

Actually that is wrong, he would receive his final wage two weeks tomorrow, this weeks wage is due next Friday and he has taken three days off for a family emergency, no other detail. I do not have to have given him any warnings verbal or otherwise that his attendance is unsatisfactory. I just want to be sure as I do not envisage he will take having his employment terminated quietly.

taratill :

No you do not have to give warnings. You can deduct the 3 days for family emergency from the annual leave if you like.

Customer:

Thanks for the information

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions