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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48475
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have an accounts clerk who is subcontracted. We receive

Customer Question

We have an accounts clerk who is subcontracted. We receive an invoice from another company. She had a skiing accident while on holiday and will not be able to get to work for 8 weeks. She has an employment schedule which states 2 months notice. Can we dismiss her and pay her 2 months pay? We need someone to do her work.
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. How long has she worked there for?
JACUSTOMER-ihg8uujl- :

11 months

Ben Jones :

Hello, sorry I was offline by the time you had replied. As she is not an employee, rather a contractor she is not protected against unfair dismissal. Even if she was an employee she needs 2 years to have such protection so in any event there is no unfair dismissal issues in this case. So you are able to terminate this person’s employment simply by giving them the contractual notice period they are entitled to, which in this case is 2 months. So as long as the contractual notice period has been met and the person has been paid for it then you are legally able to terminate their employment. You would be expected to pay them their normal wage for that period though so bear that in mind.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether you need further help or if I can close the question? Thank you