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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73529
Experience:  Qualified Employment Solicitor
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Are you a free advisor? I am looking to get more information

Customer Question

Hi
JA: Hi. How can I help?
Customer: are you a free advisor? I am looking to get more information on employment low a person that worked for our company for 3 days .
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Manager I am the manager
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a manager no Union can we talk ?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 16 days ago.
Category: Employment Law
Customer: replied 16 days ago.
I paid for my subscription I need a telephone consultation
Customer: replied 16 days ago.
Iam manager
Customer: replied 16 days ago.
I have been working for a company for a month and we trial a guy in a pizzeria but he resulted that he was not suitable for the position and I told me by text at the end of the shift.
Expert:  Ben Jones replied 16 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 16 days ago.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Expert:  Ben Jones replied 16 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 15 days ago.

Without the requested information, I can only provide you with the following general response, which will hopefully still answer your query. If you are asking whether you can dismiss the guy, because has only been continuously employed at his place of work for less than 2 years, that means that his employment rights will be somewhat limited. Most importantly, he will not have legal protection against unfair dismissal. This basically means that his employer can dismiss him for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. They can proceed with a dismissal even if he had done nothing wrong and also without following any specific fair procedure or proving that any of the allegations are true.

As mentioned, there are some exceptions to this, in which case the 2-year rule does not apply. These include situations where the dismissal was wholly, or partly, due to:

- Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

- Taking, or trying to take, leave for family reasons including paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, he would not be able to challenge it due to not meeting the minimum service criteria for claiming in the Employment Tribunal. In that case his only protection would be if he was dismissed in breach of contract. That would usually happen if he was not paid any contractual notice period due to him, unless he was dismissed for gross misconduct. That is where he is guilty of something very serious which justifies immediate dismissal, without any notice pay.

In any other circumstances, he would be due a minimum notice period, as per his contract and associated pay. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow him to work that notice period and pay him as normal, or they can decide to pay him in lieu of notice. That is when he is paid for the equivalent of the notice period but his employment is terminated immediately and he is not expected to work through his notice period.

Expert:  Ben Jones replied 15 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.