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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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ihave employed a lady for i think just a year cant remember

Customer Question

ihave employed a lady for i think just a year cant remember exact start date i am now unhappy with her work she is part time and earns £110 per week i have filled in a morgage form in for her but whilst she worked for me she got arrested for causing a disturbance at someones house and resisted arrest spent a night and morning in jail and didnt turn up for work which is how i found out she went to court and got of with a caution as her first affence and got letters from doctors to stress due to harrasmentof ex partner which i went to police station and made a statment as i didnt want him turning up at work anymore so i should of got rid of her sooner but she turned on poor me tears drama anyway she has left work early leaving me in it and i would like to cease her employment i have recently recieved a health and safety complaint letter which i sure she has made but as they can be done online secretly cant be sure they are rubbish things which is quiet clearley provided by us my business is a livery yard so i have to have all the safety stuff right my dad just wants to cut her hours down and hopes she will leave can you give me advice shes up to something and i wouldnt put anythink past her thankyou
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know roughly how long she has been there for?
Customer: replied 3 years ago.

she has worked for me a year i am not sure of the exact date she started some time in april 2011

Expert:  Ben Jones replied 3 years ago.
Do you think it was before the 6 April?
Expert:  Ben Jones replied 3 years ago.
The main issue here is how long has she worked for you. An employee's rights are mainly determined by the length of their service and this will be particulaty important in this case as the law has recently changed.

Telaw has recently changed so her exact starting date is very important here. If she started working for you before the 5th April then she will have more than a year's service with you and she will be protected agains unfair dismissal. This means you must show there was a fair reason for dismissing her and also follow a fair procedure. If she disagrees with your reasons she can take you to an employment tribunal to claim unfair dismissal and you must show the dismissal was fair. You can of course dismiss her but the risk of her claiming does exist. 

if she stared on or after 6th April then she would need 2 years' service to qualify for unfair dismissal which means you can dismiss her quite easily because she would not be able to clam against you. yo would only need to give her an notice due under her contract,mor a week's notice if there isn't one in place. 

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you

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