Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Do you have an address for him?
Did the contract stipulate a notice period for early termination and also did you give him any notice when you ended the contract early?
You are correct that he cannot claim unfair dismissal due to his short service so his only potential claims would be for breach of contract or discrimination. Unless he can show that the dismissal was linked to a protected characteristic, such as gender, age, race, religion, etc then there would be no discrimination. So the issue is then was there a breach of contract? His contract allowed for early termination by giving him notice. You must pay that together with all pay due to date for time worked and any holidays. That is all he is entitled to. You are willing to pay these sums but he is not willing to facilitate that. There is not much you can do in the circumstances so you just have the sum ready to pay as and when needed and make whatever attempts you can in the meantime to make it clear that you have this ready for him. If an email is all you have then use that and keep copies. If he was to make a claim he needs to go through ACAS first anyway and they will serve as a negotiator between you so you will still get the opportunity t pay him what is due through a third party who is more likely to communicate with you.
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Yes there is not much you can do. If you had an address I would have suggested you send a cheque but that is not possible so the mentioned email is the best you can do
Hope this clarifies?
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