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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have employed a man to manage chicken rearing sheds for

Resolved Question:

I have employed a man to manage chicken rearing sheds for less that a year with no written contract. He is proving unsatisfactory. Can I dismiss him?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long has he been with you?
Customer: replied 2 years ago.

Thanks for getting back to me, please note the £47 quoted was for high (not low as above) priority but I need answers today so please advise if I need to pay you more.

He started a 3 month trial in mid September 2014 and then after verbal discussion was taken on in mid December.

Expert:  Ben Jones replied 2 years ago.
Hi you will definitely get an answer today so no need to worry about additional payments. Can I please check if he was an employee or self employed?
Customer: replied 2 years ago.

Thanks, ***** ***** an employee of our small family (farm) business.

Expert:  Ben Jones replied 2 years ago.
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 pay him in lieu of notice. So you can legally dismiss him quite easily as long as you ensure there are no discriminatory grounds behind your decision and remembering to pay him the notice period he is due, together with any accrued holidays for the time he has worked with you. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Excellent, thank you, ***** ***** not print this for some reason so please can you email it to *****@******.*** and to *****@******.*** who can print it for me?

Definitely a 5* rating. Thank you.

Expert:  Ben Jones replied 2 years ago.
Sadly we cannot email customers but if you wish to save our conversation, you have a few options: a) Depending on the type of account you have there may be an option to print somewhere on the page b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any timeIf you have any further queries in relation to this function please contact our Customer Service team by clicking on the Help button at the bottom of the page or email them directly at***@******.***
Customer: replied 2 years ago.

Thank you, ***** ***** I just need to give this man a letter on our farm letterheading stating "I wish to terminate your employment with us and hereby give you notice that you will no longer be required after (a date 7 days after I give him the letter). You will be paid up to this date (plus any holiday pay due).

Thanks again,

Paul.

Expert:  Ben Jones replied 2 years ago.
Yes that would suffice, you are not obliged to give him a reason for the dismissal
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