Employment Lawyers Can Answer Your Employment Law Questions
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How long has the temporary worker been employed there for?
Why was the contract not terminated when it came to an end?
Does the contract state a notice period for termination?
ok thanks I will get my response ready and reply on here shortly
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.
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