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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have an employee who has been with us 4 months. We were

Resolved Question:

We have an employee who has been with us 4 months. We were going to dismiss them this afternoon however he went off sick this morning and has been signed off with back problems for 3 weeks. Can we dismiss by letter even if they are off sick?
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. What is the reason for sickness?
Customer: replied 1 year ago.
Bad back which he needs to apparently rest
Expert:  Ben Jones replied 1 year ago.
What is the reason for dismissal?
Customer: replied 1 year ago.
We do t feel they are a good fit for the company.
Expert:  Ben Jones replied 1 year ago.
Hello, the fact that they are off sick would not prevent you from dismissing them in the meantime. As they have less than 2 years service they are not protected against unfair dismissal so you would not be expected to conduct a fair procedure. As long as they are not classified as being disabled (unlikely if the condition is something that lasts less than a year and not serious) and your reasons for dismissal are not linked to it, you would not be expected to take their absence into account and can simply issue them with notice of dismissal, paying them whatever they were due under contract for notice period. You also have to pay them for accrued holidays and any pay up to date of dismissal.
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
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