Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
If he has been continuously employed at his place of work for less than 2 years then his employment rights will be rather limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).
If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. Therefore to be on the safe side you should still issue him with the contractual notice period he is entitled to, although you do not have to provide a reason for the dismissal or follow a fair dismissal procedure.
Hope this clarifies your position? If you could please let me know that would be great, thank you
That sounds brilliant. There may be some very happy councillors this Christmas! Thank you very much. Just to confirm, we can simply say, effectively, "thank you very much for all you have done for us, but this is just not working out and we would like to terminate your contract with three months' notice as from to-day". Can we simply pay him his three months' salary ands suggest he leaves fairly immediately? Obviously we would try to do it nicely, but we are very conscious he will be vindictive if we don't get it legally right! Thank you!
yes you are able to simply issue him with notice of termination without providing a reason for your decision, he cannot challenge this in the circumstances. As to whether you can pay him off, does his contract say you can pay him in lieu of notice?
The contract says:" The length of notice which you are obliged to give to the Council to terminate your employment is three months. The length of notice which you are entitled to receive from the Council to terminate your employment is three months. Upon termination of your employment you are required to surrender to the Council any documents or materials that you have been holding on behalf of the Council."
It would be nice if he could be asked to leave before the 3 months, simply to avoid any possible reprisals if he still has access to council files, etc.
Technically the contract does not allow you to do this but you can still get around that if you ensure he is paid for anything he would have earned had he been allowed to work for the 3 months of his notice period. So you would have to pay him all normal pay for that period as well as for the holidays he would have accrued during that time. You also must consider any other payments or benefits of monetary value or equivalent which he would have been in receipt of. As long as you do that he would have no losses to claim for so cannot really claim for anything against you
Thank you very much indeed for your very quick and very helpful advice. I hope my daughter will be as useful when she (hopefull) finishes her OU law degree!!
You are welcome and all the best over the holidays
By the way can I print all this out?
yes you can, I am not sure what the options on the screen are though, there may be a 'share' button where the print option is hiding?
OK, will find it. Thank you and goodbye!