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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11135
Experience:  30 years experience as a solicitor.
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I am an employer who runs a small bar. Approximately 8 - 10

Customer Question

I am an employer who runs a small bar. Approximately 8 - 10 weeks ago one of my barmen gave me a verbal notice that he intended to leave at the end of January. He was giving me plenty of notice so that I would have the opportunity to get a new member of staff trained up in time. However, after I took on a replacement member of staff, the barman told me that he failed an exam so wished to have his notice retracted and that he would be staying on few months till his re-sit. At that point his retraction was neither accepted or declined. Two weeks ago it became very clear that if the business was to survive it would have to cut back on the available staff hours. It was then decided that the original notice given by the barman be honoured but to bring the finish date forward.
The barman was given one week's notice. The barman now denies giving notice to leave as it wasn't written but we don't have formal staff contracts and verbal notices have always been given and accepted previously. It is very much a case of his word against mine. Also staff don't have a guaranteed set amount of hours. It has now come to my attention that he may have a case of unfair dismissal -are we OK with how we have dealt with this situation?
Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
You have your evidence that he handed in his notice and also your subsequent actions in taking someone else on to replace him. It would have been better to have confirmed his notice in writing but there is no legal need to do so and you have not acts incorrectly. By contract he has acted dishonestly and you may want to confirm that and his leaving date in writing now.
Customer: replied 2 years ago.

Because we didn't keep him on till the end of the month and brought his leaving date forward, does he have a case a redundancy payment? Or am I able to proceed as I have been?

Expert:  JGM replied 2 years ago.
If he's worked than two years it doesn't matter. Otherwise you should pay him in lieu of notice as there would appear to be no good reason brought his date forward. If he has no set hours you would pay notice at an average of the weekly hours.
Customer: replied 2 years ago.

Many thanks, ***** ***** put my mind at ease! Will pay him till the end of the month, the original end date.

Expert:  JGM replied 2 years ago.
You're welcome.

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