How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 12176
Experience:  30 years experience as a solicitor.
Type Your Employment Law Question Here...
JGM is online now

Hi If my employee has served less than 2 years with our

This answer was rated:

If my employee has served less than 2 years with our company (started 27th Aug13) can we serve notice (1 month) at any time without fear of unfair dismissal? We would have to replace in some capacity so we can't really consider the position to be redundant.
He is frequently off sick (24 days in last 12month period), which is causing issues with customers who we are letting down - cancelled fitting appointments (we are a company supplying the building industry).
No one cause of his sickness is given, although colleagues have seen him in pubs/clubs the previous evening having a very good time and we suspect he is hang over on some of these sickness days - although can't prove it and am unsure if this is relevant anyway.
Does he have to work his notice if we request this? (Allowing some time off to go for interviews)
You're correct. Two years service is now required to take a class to a tribunal except in certain restricted cases which don't apply here. You can give notice and insist that he works the notice, or not, as you wish.
JGM and other Employment Law Specialists are ready to help you