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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47365
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have employee that started working in April 2015

Resolved Question:

We have employee that started working for us in April 2015 he is continually off work without informing the office and leaves his work early what rights to I have for dismissing him
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. 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. If he was not paid his notice period when he was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and he could make a claim in an employment tribunal to recover the pay for the notice period that he should have been given. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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 1 year ago.
Thank you for respone, it is most helpful, I am pleased I contacted you and am sure I'll stay with you.Kind regards ***** *****Margaret
Expert:  Ben Jones replied 1 year ago.
You are most welcome. 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
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