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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47914
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi. employee termination

Resolved Question:

Hi. I m running a small business of hotel reservation service. I have one assistant hired in Jan last week this year. She was unaware of thus job. I trained her about job. Few weeks back she forgot to cancel one hotel reservation and I had to bear less of more than £400.00 due 5 her mistake. I then again reminded her as usual that she must take a note of all cancellation policies of all reservationsizes we make and asked her make sure we don't face such losses due to her mistakes but again again she made mistake and cancelled a reservation very late which resulted in loss of £2160. This time I issued her 2nd warning and reminded her that any further misconduct would result in termination because I can not afford these heavy losses. I m currently away from office and received a phone call from my office assistant's friend that she was unable to come office today because she was in hospital and had a chest pain last night. She was not at work even yesterday because it was her off day. I have one question if I want to replace her with 30 days notice or 1 month salary then would it be possible that on 31 Aug I giver her one month salary advance cheque as per our employment contract and ask her find another job? Kindly advise my liabilities as an employer. Thanks waseem

Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is this in relation to UK law?

Customer:

Hi Ben. Kindly reply to my question thanks waseem

Ben Jones :

Hi, can you please respond to my initial query above first, thanks

Customer:

Yes it is uk law

Ben Jones :

And by contract is she entitled to a month's notice on termination?

Customer:

Yes

Ben Jones :

Does the contract say you can pay her in lieu of notice?

Customer:

Yes

Customer:

One month notice or 1 month salary

Ben Jones :

ok yes you can do as you have proposed. This person does not have 2 years' service with you so they are not protected against unfair dismissal, which means you can dismiss her for more or less any reason as long as it is not discriminatory, which does not appear to be the case here. All they would be entitled to is their contractual notice period and also any holidays which have been accrued since the start of their employment and which remain untaken. As you have a payment in lieu of notice clause you are able to pay her the equivalent of her notice period (a month's pay) and terminate her employment with immediate effect.

Customer:

Am I liable to pay her medical expenses

Ben Jones :

No

Customer:

Any compensation except 1 month salary?

Ben Jones :

No, only the notice period and her holidays

Customer:

Ok. Many thanks. I am currently out of UK on business trip and once I go back I will contact you for further assistance

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