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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi This is a HR Question.It is in regards ***** ***** employee.she

Resolved Question:

Hi This is a HR Question. It is in regards ***** ***** employee. she worked for us on a temp contract for 3 months. we wanted to take her on on a perm contract so created a role for her as office manager as we needed one. She has shown that she is not office manager material and cant do the job. She was on probation for 3 months which technically finished on 1st xxx 2014. We are having a probation review on friday, is this too late and can we dissmiss her based on the fact that we dont have a role for her if she cant do the one specified in her contract? thanks

Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does she have a contractual notice to terminate her contract?
JACUSTOMER-ap4lq5ll- :

Hi Ben,Sorry i'm a bit unclear. what is a contractual notice?

Ben Jones :

Hi, a contractual notice is the notice period that the employer has to give the employee to terminate their employment. So if this person has a written contract in place you need to check if there is a clause in there which states what notice period (for example a week, a month, etc) she is due if her employment was to be terminated.

JACUSTOMER-ap4lq5ll- : Hi Ben, during the probation period the notice is 1 week and 2 weeks after
Ben Jones :

Thanks. As she does not have 2 years' continuous service with her, you are able to dismiss her for more or less any reason, including the one you have mentioned. You do not have to provide a fair reason for dismissal or follow a fair procedure, you can simply decide that you do not wish to keep her on and issue her with notice of dismissal as per her contract of employment. As her probation has technically finished, you should issue her with 2 weeks' notice instead of 1. It does not matter that you are holding a delayed probationary meeting and can still dismiss her at that meeting if necessary. All you have to do is give her the 2 weeks' notice she is due, which you could require her to work, or you could pay her in lieu of notice, and also pay her for any other amounts due, such as pay up to date and any accrued holidays which remain untaken

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

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