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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48719
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My friend runs a small business and employs 2 staff One

Resolved Question:

My friend runs a small business and employs 2 staff
One member is on a temporary contract that ceases imminently
This person has also had significant time off for stress but has been paid sick pay
She has decided to not renew the contract
The other stafff member leaves in January and her position will become vacant
My friend wants to restructure the business in the New Year as she will work more hours as her son starts school
How to handle the temporary worker ?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Derby UK
Assistant: Has anything been filed or reported?
Customer: No
There is a temporary contract and payroll evidence of SSP
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I don't think so
Submitted: 21 days ago.
Category: Employment Law
Expert:  Ben Jones replied 21 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 21 days ago.

How long has the temporary worker been employed there for?

Customer: replied 21 days ago.
7 months Apr-Oct
Contract ceased end of October but person off sick all of October and to present date
Customer: replied 21 days ago.
Quick answer please
Expert:  Ben Jones replied 21 days ago.

Why was the contract not terminated when it came to an end?

Customer: replied 21 days ago.
Delayed action considering options
Expert:  Ben Jones replied 21 days ago.

Does the contract state a notice period for termination?

Customer: replied 21 days ago.
2 weeks
Expert:  Ben Jones replied 21 days ago.

ok thanks I will get my response ready and reply on here shortly

Customer: replied 21 days ago.
Thanks very much
Expert:  Ben Jones replied 21 days ago.

The worker’s rights will actually depend on their continuous length of service, with the ‘magic’ number being 2 years. That is because with less than 2 years service they have no unfair dismissal protection, which means their employment can be terminated for more or less any reason and without following a fair procedure. There are some limited exceptions, such as discrimination, however I do not see that being relevant here. So it means the employer simply has to issue the worker with the contractual notice they are entitled to and pay them as normal, then at the end of the notice period their employment would terminate. They must be paid for anything up to date of dismissal, including accrued holidays. But the key is to give them notice as per contractor, pay them for it and then that is it - the employment terminates at the end of that notice period and as they have less than 2 years’ service they cannot challenge the dismissal.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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