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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48209
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I employed a new bar manager 3 months ago and unfortunately

Resolved Question:

Hi
I employed a new bar manager 3 months ago and unfortunately it's not working out. I've had complaints from 4 other staff regarding the agressive manner in which he speaks to them and to the customers but none of the staff want me to address it with him as they fear it will make his attitude towards them even worse.
I've clearly recruited badly and I'd like to let him go but I'm not sure how I go about starting a process with verbal warnings etc as my other (long term) staff are very concerned about working with him once he knows they've made complaints about him.
Help!! Thank you.
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 tell me have you had any one to ones with him around his work performance and is he on a trial period please.
Expert:  Ben Jones replied 1 year ago.
To answer your question, 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 have to follow a disciplinary process or issue warnings first. 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. So letting him go should be a relatively easy process in the circumstances and would just involve you issuing him with notice of termination and paying him up to date, including any notice pay. 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
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Customer: replied 1 year ago.

Hi Ben,

Apologies, I only just received a notification for both of your replies together. Thank you for your answer, that's a huge relief. Can I just confirm this is still the case if in relation to your first questions, that he doesn't have a trial period, and I haven't had any one to ones as his performance has been fine, but his manner and attitude have upset almost all other members of staff (again, I haven't taken this up with him as my staff have asked me not to for fear of making him worse while they still have to work with him).

Many thanks once again for your help

Kind regards

Shirley

Expert:  Ben Jones replied 1 year ago.
Hello Shirley, it would not matter whether he is on a trial period or not, his legal position is the same - I just asked in order to get a better idea of his position but that would not affect the ability to dismiss him
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