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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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An employee of our company is relocating to another city and

Customer Question

An employee of our company is relocating to another city and have agreed that the person will work remotely.
As part of this, we are moving to a three month trial period for the employee working remotely, a type of probation period for 3 months that allows us to measure if the relationship will work which has been agreed by both parties.
We need to amend the employment contract to add a probationary clause to take this into account and specify that if existing targets / KPIS on the employees usual sales aren’t met, then we will be within our rights not to continue with the employment and provide 30 days notice.
We would like to get advice from a specialist employment solicitor in terms of what add-on needs to be made/provided that both parties can sign and assistance in setting out the wording for us.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How long has the employee worked for you in total?
Customer: replied 2 years ago.

Hi Jenny,

Thanks for your reply.

The employee has been with the company for 3 years and two months.

Regards,

Bruce

Expert:  taratill replied 2 years ago.
The easiest way for you to do this if it has been at the employees request is to ask them to give notice under their original contract and then to have a break in service of 2 weeks and to start a new contract. You will then have the right to terminate in law at any point if the new arrangement does not work out.
Presumably the alternative is that they will resign in any event as you do not have an office at that location and there is no obligation on your part to provide ongoing employment if someone leaves.
If you have any further questions please do ask. If I have answered your question i would be grateful if you would take the time to rate my answer. Thank you and all the best.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Jenny,

It is possible to terminate and renew the contract immediately - i.e. have no break in service?

What is the reason for the 2 week time period?

Regards,

Bruce

Expert:  taratill replied 2 years ago.
Hi the 2 weeks break is necessary to break the original employment contract. If you do not give the break then you will not be able to easily terminate the new arrangement if it does not work out because they will have the right to claim unfair dismissal.
Customer: replied 2 years ago.

Thanks Jenny!

Expert:  taratill replied 2 years ago.
no problem