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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Member of staff (5 months with the company) struggling with

Resolved Question:

Member of staff (5 months with the company)
struggling with the pressures of work, gone off sick.
Can I serve 1 months notice and look for new recruit ?
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. What is their contractual notice period?
Customer:

1 months notice.

Customer:

has had 3 mth probation review,ok, increased pay grade, started making mistakes, getting upset.

Customer:

Gone sick for 2 weeks, uncovered huge level of mistakes.

Customer:

Decided to serve notice and received a sick note for 1 month.

Ben Jones : As they do not have 2 years service they are not protected against unfair dismissal so you can terminate their employment for more or less any reason, including the fact they cannot cope with the job. You cannot discriminate against them though and that would include discrimination on grounds of disability. This is a medical condition that has lasted or is likely to last for more than a year, so if this stress episode is just an isolated issue then it's not going to be something that affects their rights and they can still be dismissed in the circumstances. Obviously pay them the notice period die as well as any accrued holidays
Customer:

OK, thank you.

Customer:

regards

Customer:

john

Ben Jones : You are welcome
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