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taratill
taratill, Advocate
Category: Scots Law
Satisfied Customers: 6305
Experience:  15 Years Experience of Employment Law
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We provide services let market.. meet and greet

Resolved Question:

Hi. We provide services for holiday let market.. meet and greet guests etc. One of my employees had an accident on 9th December and is off sick till march. I do pay her SSP. In the meantime I found guests review for November/December about that person to be "not nice" and "rude". Its not one review but 4 in total and definitely Im not happy about that employee work performance. It will also has influence on number of bookings by our customer who persist about dismissal.
Can I dismiss that employee when on SSP?
Also if so, who will be paying SSP if dismissed?
Submitted: 1 year ago.
Category: Scots Law
Expert:  Remus2004 replied 1 year ago.
How long has she worked for you?
Expert:  taratill replied 1 year ago.
Hello my name is***** am an employment lawyer and I am happy to help you today. How long has the employee worked for you for?
Customer: replied 1 year ago.
hi. she started on 6th April 2015
Expert:  taratill replied 1 year ago.
Hello can you tell me a bit more about the accident, was it work related ?
Customer: replied 1 year ago.
No, it was accident after the work.
Customer: replied 1 year ago.
she was passing the street and been hit by car. dont know whos fault it was. shes been in hospital since 9th evening till 12th December and had sick line dated 12th for 4 weeks and than another one for 8 weeks.
Customer: replied 1 year ago.
in attachment couple reviews for Oct/Nov
Expert:  taratill replied 1 year ago.
Ok thanks, ***** ***** news is that you can terminate employment for any reason in the first 2 years of employment as an employee cannot claim unfair dismissal in that period. This means that you can terminate her employment with notice without recourse of an unfair dismissal claim and say it is due to poor performance citing the reviews. The only possible claim she could bring would be if she could argue that the decision amounts to discrimination on the grounds of race, sex, age, religion, disability or pregnancy, it does not appear that any of these apply on the face of it. If she is dismissed you will no longer be liable to pay SSP. If you have any further questions please ask. If I have answered your question I would be grateful if you would kindly take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
great. could you advice how we should process than.
should we arrange a meeting and if so what notice we must give? or can we just sent her a letter?
also one week notice would be ok or must give more?
Expert:  taratill replied 1 year ago.
Sorry for the slight delay.
As she has less than 2 years service then you can send a letter. Notice should be in accordance with the contractual notice period or a week per year if there is nothing in the contract.
She is also entitled to a payment in lieu of outstanding accrued holiday pay (even for the time she has been off sick) so you should arrange for this to be paid as well.
If you have any further questions please let me know. Otherwise I would be really grateful if you would kindly rate my answer as I am not otherwise paid for the time I have spent working on your question thanks and all the best.
Customer: replied 1 year ago.
thats fine. so week notice and holiday entiltment not used (inc time when on SSP)
can i just sent her a letter with week notice period, reason, remaining payment breakdown etc or I must to arrange a meeting (doing it more as disciplinary procedure due low standard of service?)
Expert:  taratill replied 1 year ago.
No you can just send a letter if you can prefer there is no requirement for a meeting at all in the first 2 years.
Expert:  taratill replied 1 year ago.
Hello please let me know if there is anything else you would like to know. Otherwise I'll be really grateful if you would be so kind as to rate my answer as I am not otherwise paid for the time I have spent working on your question. Thank you and all the best.
taratill, Advocate
Category: Scots Law
Satisfied Customers: 6305
Experience: 15 Years Experience of Employment Law
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