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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45374
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have a small video production company employing 7 people.

Resolved Question:

We have a small video production company employing 7 people. One, who joined the company 10 months ago, isn't quite up to the mark and we'd like to let him go. Are we allowed to just let him go without any legal implications?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you think there may be?
Customer: replied 1 year ago.
No reason, it is simply that this young man isn't right for the company for various reasons. He has done nothing wrong, but we feel we would be better served by employing someone with different skill sets. I believe, though not sure if i'm right, that you can let someone go in the first two years of employment, as long as there are no discriminatory reasons, without fear of any legal action.
Customer: replied 1 year ago.
I also believe thee is no redundancy implication, though we would make a discretionary gift to this young man.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Does this person have a contractual notice period for termination?
Customer: replied 1 year ago.
Hi Ben, yes it's one month notice.
Expert:  Ben Jones replied 1 year ago.
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 his employer can dismiss him 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. You would either have to allow him to work that notice period and pay him as normal, or pay him in lieu of notice, although the latter would ideally require you to have this right under contract. So in summary you may certainly consider terminating his employment as long as it is not based on any of the exceptions above and you pay him his contractual notice period and any outstanding holidays. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. 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: 45374
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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