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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46207
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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An employee (Relief Envoy/Warehouse Operative) did not

Customer Question

Hi,
An employee (Relief Envoy/Warehouse Operative) did not turn in to work on Tuesday of this week. we have a rule that absence must be notified in person with the first hour of there normal working day. As we had not heard anything we telephoned the individual to make sure everything was ok. To date we have not been able make contact with the individual as his contact number just goes straight to voicemail. In the meantime we have been made aware that the individual was in court on Friday 28th August for a driving offence. As the individual drives a company vehicle his manager took the liberty to go on the DVLA website to retrieve a current summary of his licence details. The summary shows that he has 10 points on his licence from 2014, failed to give information as to indentity of driver in December 2014 and has now been disqualified from driving. I have tried to call him today but again he has not returned my call. As far as I can see he has been with us since 8 June 2015 and supplied us with a copy of a clean driving licence. As he is no longer able to fulfil his contract can we write to him to attend a meeting or can we just write to him to terminate his employment ?
Many Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and 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 somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that you can dismiss him for more or less any reason, and without following a fair procedure, as long as your 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.).
So you do not need to have a meeting with him, you can just write to him to advise him that his employment is being terminated with immediate effect and that he would be paid in lieu of notice and for any outstanding holidays he may have. To avoid any future disputes you should pay him the contractual notice period he is due (or just a week’s notice if he does not have a contractual notice period).
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, UK Lawyer
Category: Employment Law
Satisfied Customers: 46207
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Is it best to outline why we are terminating his employment or are you suggesting that we don't even have to go that far ?

Expert:  Ben Jones replied 1 year ago.
you are not legally obliged to provide reasons for dismissal

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