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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45360
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We are a small consulting business (Company Limited

Resolved Question:

Hi
We are a small consulting business (Company Limited by Shares) with 2 full time employees and 2 full time directors of which I am one. One of the employees is an Administrator, the other is a Trainee Consultant who joined us in April 2015.
Following a very recent change is circumstance i now need to spend more time at home with my children and as result myself and my co-director have decided to downsize the business. As such we want to terminate the trainee consultants employment contract which allows for a one months notice period.
To be clear this is not a disciplinary issue or a performance issue. We are light on HR policies so do not have one to follow.
Can you please advise as to how we can proceed?
Regards
Jim
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. Was he employed on a fixed term contract for a fixed period or was it just a normal permanent employee contract?
Customer: replied 1 year ago.

it was a normal continuous employment contract

Expert:  Ben Jones replied 1 year ago.
Hello, sorry i was offline by the time you had replied. As this person has less than 2 years’ service they are not protected against unfair dismissal. This means that you can terminate their employment for more or less any reason and without following a fair procedure as long as your reasons are not discriminatory, such as linked to their age, gender, race, religion, etc. I see no evidence of discrimination here so you should have no issues.
They would be entitled to receive their contractual notice period on termination, or in the absence of such – a week’s notice. In addition they would be entitled to receive any accrued holidays. All you have to do is issue them with notice of termination, which should preferably be in writing. You do not need to stipulate a reason but can do if you wanted to. You may decide to allow them to work through their notice period but you could also choose to pay them in lieu of notice and terminate their employment with immediate effect. You do not need to hold a meeting before proceeding with the dismissal so can just go ahead and issue them with the notice of termination. It is rather simple in this case due to the fact they are not protected against unfair dismissal and you would not be required to justify the fairness of the dismissal or follow a fair procedure.
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
Customer: replied 1 year ago.

Hi Ben

Many thanks for the response

I'm in the office now and can see that whilst the contract is for continuous service with one month notice either side, the offer letter states its a "one year paid intern'. However the letter also states that notice period during the one year internship is as per the employment contract.

I don't think this should make any difference but thought I should bring it to your attention?

Regards

Jim

Expert:  Ben Jones replied 1 year ago.
Hello Jim, it would not make any difference - all you are required to do is give the employee a month's notice as per contract and pay them any accrued holidays and that would be the end of the matter. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45360
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.

Thank you so much - we are done and will give 5 stars

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