Starteed 14 July 2014
Started 14 July 2014.22 hours per week @ £6.50
no answer yet
Hi, sorry I was offline when you replied earlier on. As this person does not have at least 2 years’ continuous employment with the company they are not protected against unfair dismissal. This means that you can terminate their employment for more or less any reason and without having to conduct a fair procedure. The safest way to dismiss them is just to ask them to attend a meeting, issue them with the notice period they are due under contract, or 1 week’s notice if they have no contractual notice period and pay them for that notice, plus any pay they have earned to date, including outstanding holidays. They don’t have the right to a formal disciplinary hearing or an appeal and you can just issue them with notice of termination.
However, if their contract has a specific disciplinary procedure you would be expected to follow that. This is only a requirement if they have this in their contract, if they do not then you can proceed as above.
Finally, this is a potential gross misconduct matter so you could try and argue that they should be dismissed immediately and without being given their notice period. However, to be certain you should conduct an investigation over this and give them the chance to defend themselves – if you wish to avoid having to go through that you can just pay them the notice they are due and leave it at that.,
Hope this clarifies your position? If you could please let me know that would be great, thank you
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Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks