Employment Lawyers Can Answer Your Employment Law Questions
I am a solicitor.
Yes, you may terminate the employment of the employee on this ground but it would be advisable to follow due process before terminating the employment so as to minimise the risk of any claims.
May I help further?
Sure. Does the employment contract provide for any procedure for termination?
Thank you. In that case, you should invite, by way of a written letter, the employee for a meeting to discuss their inability to work flexibly as required in their contract and allowing them to bring a colleague at the meeting if they so wish to.
At the meeting, you should hear the employee's explanation and then if the decision is made to terminate, you may go ahead and give the two weeks notice after 2-3 days from the meeting.
Yes, she may opt to have her friend at the meeting and speak for her if she wishes to. That is okay. Yes, you may offer her those hours if it is covered in her employment contract, if she quits and you have followed the contract and procedure, the risk of a claim against you is low.
All the best