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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50147
Experience:  Qualified Employment Solicitor
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A gentleman joined us 31.3.14 as Major Accounts Manager (sourcing

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A gentleman joined us 31.3.14 as Major Accounts Manager (sourcing new company business accounts). He was retained at the end of his 6 month probation review but with a Plan of action in place in order for improvements to be made. He was then transferred to another region under another manager in July 2015, all his terms remained the same. He was under review with his new manager and again has been monitored and is coming to the end of his 6 months in this new region but again he has not managed to bring any new business to table. Can you confirm what our options might be ?
Hello do you simply wish to dismiss him?
Customer: replied 2 years ago.

I think potentially this is where the conversation may be leading this afternoon....

What is his contractual notice period for termination?
Customer: replied 2 years ago.

13 weeks from either side after 6 months employment.

Does the contract state you can pay him in lieu of notice?
Customer: replied 2 years ago.

The company has the discretion to terminate his employment immediately by paying full salary in lieu of notice.

The starting point is that 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.). 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. In this case he is due 13 weeks’ notice. As he is approaching the anniversary of his employment where he gets 2 years’ service, the notice period, together with how it can be applied, is crucial. Luckily you have a clause which allows you to pay him in lieu of notice so it basically means you can give him notice now and his employment ends immediately and you pay him what he is due. It means he does not continue working his notice period and be allowed to get 2 years’ service, which would make things a lot more difficult for you. 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
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Customer: replied 2 years ago.

The individual concerned has agreed to meet with us next week. Is it appropriate to write to him in advance to advise we wish to hold a review meeting to discuss possible extension or termination or can we just meet him as arranged and hold the discussion and confirm at the end of the meeting that will be terminating his employment and require him to leave his company vehicle/phone/laptop etc. with us and we will pay him in lieu for his notice and any other payments such as holiday/expenses as part of the March payroll. Someone is available to take him home that day.

Legally you do not have to give him advance notice at this stage so it is your decision whether you want to inform him or not. You can simply ask him to attend a meeting and then issue notice there and terminate his employment. If you want to save the likely shock of what is about to happen you can tell him in advance but it is up to you