How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

We where due to have a review with a team member on

Resolved Question:

Hi
We where due to have a review with a team member on Monday she is in her probation period. We intended to terminate her employment. She has today told us she now needs to go in for an operation at the end of next week. I don't believe this should stop us going ahead with the termination as she has less than 3 months service. Do you believe we would be ok to continue.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Why did you want to terminate her employment?
Customer: replied 2 years ago.

purely on her performance and suitability she has completed 4 sales against a target of 6 and of the 4, 3 of them have been handled poorly and the customer has experienced a negative experience.

She called in sick on Wednesday due to heavy bleeding, back to work on Thursday but has today told us its an ongoing illness and that she needs to have an operation on the 10th

Customer: replied 2 years ago.

Hi any update?

Customer: replied 2 years ago.
Relist: Other.
asked for more info which i sent waited 45 minutes no further reply
Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. If she has been continuously employed at her place of work for less than 2 years then her employment rights will be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her 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 she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. So regardless of whether she was going off for treatment or on sick leave you could still go ahead with the proposed dismissal, as long as it was not based on any of the above exceptions. If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. You would either have to allow her to work that notice period and pay her as normal, or to pay her in lieu of notice. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you