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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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TWENTY YEAR OLD MALE, EMPLOYED PAST 16 MONTHS,

Resolved Question:

HELLO
TWENTY YEAR OLD MALE, EMPLOYED FOR THE PAST 16 MONTHS, NO CONTRACT, IS REFUSING TO TAKE ON ANOTHER TASK WITHIN THE COMPANY. HE WAS TAKEN ON WHEN THE COMPANY WAS A LOT BUSIER AND HIS CURRENT ROLE AND DUTIES CAN BE ABSORBED BY OTHER EMPLOYEES, WHO CARRIED OUT THE WORK PREVIOUSLY. IN ADDITION HIS HOURS WERE CUT FROM 32 TO 20 HOURS IN APRIL, DUE TO THE DOWNTURN. HE IS NOT HAPPY. THREE EMPLOYEES HAVE HAD THEIR HOURS REDUCED AND ONE OTHER WAS MADE REDUNDANT IN APRIL. WE ARE A SMALL ELECTRONICS MANUFACTURER BASED IN NORTHERN IRELAND WITH 22 EMPLOYEES. I HAVE BEEN IN BUSINESS FOR 25 YEARS AND ONLY TWO EMPLOYEES HAVE LEFT MY EMPLOYMENT, BOTH AMICABLY TO PURSUE OTHER CAREERS. HE IS THE LAZIEST EMPLOYEE I HAVE EVER COME ACROSS AND I WANT TO GET RID OF HIM AS EXPEDITIOUSLY AS POSSIBLE.
MANY THANKS
SEAN DOBBINS
MFL
P.S. HIS MAMMY IS A RECEPTIONIST IN A SOLICITOR'S OFFICE!
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is this new task something he has never been asked to do before?
Expert:  Ben Jones replied 1 year ago.
You should have no issues terminating this person’s employment immediately. 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. So as he does not have the minimum length of service to challenge the dismissal and it would not be for a discriminatory reason, you are able to issue him with a week’s notice of termination. You could just pay him in lieu of notice and terminate his employment on the day you tell him of this. Make sure he is paid hid full salary for that week, any pay up to date and also any outstanding holidays. There is nothing else required of you and that would legally end his employment 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
Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello Ben

Many thanks for your response. He has been given another task because all the primary production staff are away on business for four days and is current job does not exist when they are not there. He has since recanted and will do the new production function, however he I still putting through a formal grievance procedure, as he puts it, "MFL have arbitrarily cut my hour" (word for word). Should we be issuing him with a Contract of Employment prior to making him redundant or just issue a redundancy notice, covering all notice, holiday pay and any other monies.

Best regards

Sean Dobbins

Expert:  Ben Jones replied 1 year ago.
Thank you. Please leave this with me, I am mobile for most of today so it may be difficult to provide a full response straight away but I will get my advice ready and get back to you on here as soon as I can, certainly no later than tomorrow morning. Thanks for your patience.
Expert:  Ben Jones replied 1 year ago.
Hi, as an employer you have a duty to issue employees with a written statement of employment particulars within 2 months of them starting work. It is not a contract but very similar to one. However, the employee cannot claim against you for not issuing them with one unless they have some other valid claim to make, such as unfair dismissal, which they can’t. So in this case you could still dismiss them without them being able to pursue you for not having received a written statement. Therefore, you may still proceed with the termination if you wanted to and they would still only be due their week’s notice and accrued holidays.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Expert:  Ben Jones replied 1 year ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you