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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49823
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi i recently asked Ben a question regarding dismissal under

Customer Question

i recently asked Ben a question regarding dismissal under zero hour, need to check one more thing
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How can I help further?
JACUSTOMER-2t8zrk2w- :

Hi Ben, we recently communicated regarding dismissal of an employee on zero hour contract without notice, we paid what we thought was the correct amount in the final wage, but he insists we still owe and looking back this may be the case but i just to ask more questions before i proceed. His letter of termination was issued on the 9th October notifying him that his final working was week commencing 29th September and week commencing 6th October was his week notice . Therefore on the 10th October he was paid two weeks in full. Here lies the confusion because week commencing the 6th October he was off sick and should only have been paid two days SSP for which we paid him in full and he states that he should also have had an extra weeks pay due to the fact that the letter was issued on the 9th October and the week notice should have been the week after? if this is the case do we pay the week owing as his sick leave which was two days in lieu of the full week that was paid by mistake ?

Ben Jones : hi, you cannot issue retrospective notice unless you had previously communicated the dismissal to him and were just following it up by letter. So if the first time notice of dismissal was issued on 9 Oct then you must use that date as the date from which his week's notice starts to run. So he would have been paid the sick pay for the week commencing 6 Oct and the week after he should have been paid his full pay for the notice period
JACUSTOMER-2t8zrk2w- :

HI Ben, Due to the confusion of dates on our correspondence to him will this leave us vulnerable with regards ***** ***** dismissal? He was on zero hour contract for under one year, we notified by writing the week of his sick leave week commencing 6th October (which was not long term) that due to a restructure his position was no longer required and therefore decided that his last working week was week commencing the 29th September. We will pay the outstanding week of notice; will that conclude matters or do we need to do anything else?

Ben Jones : The confusion with the dates will not change his position in terms of dismissal, he still has no protection over that. Pay him what he is due and that is the end of matter