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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Are you allowed to sack someone if you feel the working relationship

Resolved Question:

Are you allowed to sack someone if you feel the working relationship has broken down and genuinely believe that the atmosphere is detrimental to the service users in a care home?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you the employer in this scenario?

Customer:

yes

taratill :

How long have they worked for you for?

Customer:

12years

taratill :

Can you explain a little bit about the situation that has arisen that makes you want to terminate the employment?

Customer:

3 of my employees have decided to sue me over sleep in rates.(Whether or not they constitute working time.) Other members of staff are angry with them for doing this so the atmosphere is strained. They have broadcast the fact that they are going to sue me.

taratill :

so is it one of the people who has threatened to sue you?

Customer:

No 3

Customer:

One has already given in her notice

taratill :

Unfortunately if you dismiss these staff for this reason the dismissals will be automatically unfair, the reason for this is that the Employment Tribunal must find in favour of an employee when they are dismissed as a result of trying to assert a statutory right. A claim under the Working Time Regulations would count for that purpose and the same is true whether their claim is proved in the end or not.

taratill :

I would therefore not advise terminating unless you are prepared to pay a sum by way of a settlement agreement to avoid the posibility of a claim.

Customer:

Ok thanks very much for your help

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