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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Does she have a contract?
No I am in process of preparing one. I asked for full terms and conditioned from old company and/or contract and she has stated that none was issued.
basically she has nothing from the old service provider and I had nothing from them either
if no contract exists then she is only entitled to a week's notice and also any accrued holidays, including those accrued from previous employment. She is not protected against unfair dismissal so you can dismiss her even if it was due to her TUPE transfer
ok thats good. Am I right in assuming that she has to have worked 2 years before entitelment
to claim for unfair dismissal
yes that is correct
brilliant, thank you
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sorry should work now
I followed advice given and provided a weeks written notice. She came back and said I am in breech of my obligations as an employer. She wishes to appeal the decision. I have asked for this in writing outlining the reasons which she said she would email. This so far has not happened..
One thing I forgot to mention (and genuinely) was she had told me that she was pregnant. She has insinuated that this is why I have given her notice. I can assure you this has no bearing on the decision. More poor quality of work and the general hassle factor that has been present since she started. She used foul language on tuesday which I have in a text and was not reciprocated in anyway. Does she have the right to appeal the decision? If so what is my next course of action? If I re instate her it basically gives her carte blanch to do as she wishes… I need some more help
To add re the pregnancy she is not yet 20 weeks (my partner is in same boat) and she does not earn enough to qualify for any maternity pay from us. Her earnings are £97.50 per week
Thanks for your reply. Poor performance is my main issue. Also the hassle she keeps spouting about. I genuinely didn't and do not consider her pregnancy an issue to us.
She says she has a right to know why she has been dismissed. Is this correct. My understanding was that due to the fact that she has only been employed a short while I did not have to provide her with a reason. Is this wrong?
OK I am happy to do that. I should then be covered, yes? and can carry on with my decision to dismiss her?
Thats great, I will get a letter from the client to state their unhappiness.
I have done everything as requested detailing out the reasons for termination. I have even taken photos for evidence of all of this.
She has come back with a written appeal against her dismissal which is rather long winded. Mentions her pregnancy and she now informs me that she is registered disabled (something neither she or previous contractor disclosed) She says that the appeal must be heard by someone impartial and that a meeting must then take place. Now as I understood it form your responses I a) didn't have to supply reasons for her termination and therefore b) do not have to hear her appeal or have the meeting. Is that correct?
Just need to know how to proceed before I respond. Happy to type out the full reply if you need me to