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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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i have an employee that has been with me since may 19th 2014,

Resolved Question:

i have an employee that has been with me since may 19th 2014, he is a warehouse person, he is poor at everyuthing and his work rate is not what is required from us.
I feel he wants a cushy number and thats not available here.
I was going to dismiss him staing his work ehtic is not up to standard.
he is 54, he is male white ehglish no health problems.
Cn i terminate his employment immediately and do i have to put the reasons in writing to him.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does he have a contract and if so, does it stipulate a notice period for termination?
Customer: replied 2 years ago.

we have a contract and handbook which i will be honest i have not given to him,he has a letter of appointment laying out his job description and pa and staing he was on six months probation which he passed and he got a pay increase,since then he has been a problem,but i will issue everyone else on monday whom does not have a handbook and contract.

Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. If he has been continuously employed at his place of work for less than 2 years then his employment rights will be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that you can dismiss him for more or less any reason, and without following a fair procedure, as long as your decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).
If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. You would either have to allow him to work that notice period and pay him as normal, or you will have to pay him in lieu of notice.
He will also be due any accrued holidays up to his last day of employment.
So you are able to safely and legally dismiss him as long as you do not include any of the potentially discriminatory reasons mentioned above in your decision.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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