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: 46182
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 are a very small business (borehole drilling operator)

Customer Question

Hi, we are a very small business (borehole drilling operator) with a very small drilling team consisting of our director (team leader), a part time drilling operative and a full time labourer. Our labourer is consistently causing us issues. We employed him in February of this year. We try to be very fair to him in terms of holidays and time off, he officially gets 20 days paid holiday per annum plus all bank holidays are paid/unworked, and in addition to this, as we are such a small team and he is not experienced enough to work without the director being present, whenever the director (my husband) and I want time off, we want to be fair so he gets paid holiday too. In total so far he has had an additional 17 days paid holiday.
Because of the dangers of drilling activities, we are not insured unless we have at least a two-man team present at any time on site, and he is aware of this.
However, he has received constant verbal warnings over unauthorised breaks, quite often the director will be operating the drilling rig and will turn round as he needs to be handed something, and our employee is nowhere to be seen. He is usually to be found outside the works vehicle taking an unauthorised break (cigarette/making calls/texting etc). We do not have a written break policy but it has been made very clear to him on many occasions that he is putting the drilling operative in danger by disappearing for an unauthorised break. He has also had 7 days off this year, one of those was apparently due to sickness, but on the other occasions he has either not made himself available for work or he has called us the evening before and said he cannot work the following day. As a small business this puts us under financial strain, as mentioned before we are not insured for one person to be on site, so if our part timer is also not available to work at such short notice we have to cancel/reschedule the work. This morning, the drilling team were due to be on a site about three hours away, so with a start time of 8am on site we had arranged to pick him up at 5am (he decided to dispose of his transport several months ago and hasn't yet replaced it, which means the drilling team have to drive to his house to collect him, instead of him making his way to our office). However, the drilling team couldn't get any answer at his door, nor could they get hold of him on his phone despite numerous attempts, thankfully we had our part timer organised for today so the work could go ahead, however it was meant to be a three man team as it is a big job, this now means that without him we will not get the work done in one day and will have to go back in the Christmas holidays to finish off at our cost.
Our director has had enough, and has decided he has to go. Can you confirm we have enough grounds for dismissal, please?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Can you please confirm he is not suffering from disabilities?
Customer: replied 1 year ago.
Hi Ben, I'm Sandra, no he has not informed us of any disabilities.
Customer: replied 1 year ago.
One thing I didn't mention is that he still hasn't called in today to inform us why he wasn't available for work.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
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 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.). 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.
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. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. You would either have to allow him to work that notice period and pay him as normal, or pay him in lieu of notice.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) 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: 46182
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.
Very clear and to the point information, which confirms what I suspected - good to have professional confirmation - thank you!
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions