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Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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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

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