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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am one of four Directors of a small Private Hire/Taxi firm. I,

Resolved Question:

I am one of four Directors of a small Private Hire/Taxi firm.
I, along with two other Directors am looking to dismiss the fourth Director (D4) for misconduct, possibly gross misconduct.
We have a meeting scheduled for Friday, 30th October whereby the D4 will be informed of their misdemeanours, informed of employment dismissal seven days post meeting, informed of Directorship dismissal 30 days post meeting and informed of suspension with immediate effect due to misdemeanours. D4 will be told of this verbally and by letter.
We are a relatively new business and are in the process of drawing up all company documents and contracts.
D4, does not currently have a Contract of Employment.
Q1,
Can we dismiss D4 for g/misconduct without the enforcement of contract terms?
Q2,
D4 has ownership rights to company mobile telephone number contract and therefore has immediate contact with customers. Can we as Directors, without D4's knowledge, leaflet drop local areas, advertising new contact number before D4 is dismissed.
I would really appreciate your help on this matter.
Kind regards,
William
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. How long has this person worked there for?
Customer: replied 1 year ago.

The company was formed in November 2014. The bank account was set up in April 2015. So I'm not sure if you could class her as having been an employee from April 2015 or November 2014

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and 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 1 year ago.
Many thanks for your patience. To answer your specific queries:
1. If I understand you correctly you want to know whether you can dismiss him without there being a written contract of employment in place? That is certainly possible and there is no need to have any sort of contract in writing to be able to proceed with a dismissal even if it is for gross misconduct. A contract would be implied in place anyway and there will be certain acts of misconduct which would be serious enough to amount to gross misconduct even if there is nothing specific you can reference them to. To be honest all a contract would have entitled him to in these circumstances is possibly a longer notice period than the minimum statutory one but in the absence of a contract he would only be entitled to a week’s notice, which would not be payable anyway should he get found guilty of gross misconduct.
2. Generally you should try and not pre-determine a decision before you have taken the individual through a formal disciplinary because that could make the dismissal unfair. However, an employee only gets protection against unfair dismissal once they have accrued at least 2 years’ service with the employer. Regardless of when he started with your company, he would not have 2 years’ service yet and would not have protection against unfair dismissal so pre-determining a decision and taking steps to deal with issues that would arise post-dismissal would not make the dismissal unfair here. Therefore you are able to contact customers even before his dismissal and advise the of a new contact number for the company.
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
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