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 Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50712
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My friend runs a small business and employs 2 staff One

This answer was rated:

My friend runs a small business and employs 2 staff
One member is on a temporary contract that ceases imminently
This person has also had significant time off for stress but has been paid sick pay
She has decided to not renew the contract
The other stafff member leaves in January and her position will become vacant
My friend wants to restructure the business in the New Year as she will work more hours as her son starts school
How to handle the temporary worker ?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Derby UK
Assistant: Has anything been filed or reported?
Customer: No
There is a temporary contract and payroll evidence of SSP
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: I don't think so

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long has the temporary worker been employed there for?

Customer: replied 7 months ago.
7 months Apr-Oct
Contract ceased end of October but person off sick all of October and to present date
Customer: replied 7 months ago.
Quick answer please

Why was the contract not terminated when it came to an end?

Customer: replied 7 months ago.
Delayed action considering options

Does the contract state a notice period for termination?

Customer: replied 7 months ago.
2 weeks

ok thanks I will get my response ready and reply on here shortly

Customer: replied 7 months ago.
Thanks very much

The worker’s rights will actually depend on their continuous length of service, with the ‘magic’ number being 2 years. That is because with less than 2 years service they have no unfair dismissal protection, which means their employment can be terminated for more or less any reason and without following a fair procedure. There are some limited exceptions, such as discrimination, however I do not see that being relevant here. So it means the employer simply has to issue the worker with the contractual notice they are entitled to and pay them as normal, then at the end of the notice period their employment would terminate. They must be paid for anything up to date of dismissal, including accrued holidays. But the key is to give them notice as per contractor, pay them for it and then that is it - the employment terminates at the end of that notice period and as they have less than 2 years’ service they cannot challenge the dismissal.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones and 2 other Employment Law Specialists are ready to help you