Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. What reason has he given for the absence?
Family commitments and illness, but never given a full reason
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.
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.
You should also make him a payment for outstanding accrued holiday pay.
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.
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
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.
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.
No you do not have to give warnings. You can deduct the 3 days for family emergency from the annual leave if you like.
Thanks for the information