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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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, do you advise small businesses?

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Hi, do you advise small businesses?
Thank you for your question. My name is ***** ***** I will try to help with this.
We can. What is it that you would like to know?
Customer: replied 3 years ago.

I have a member of staff taking a lot of sick, he went off sick again last Wednesday morning and as yet we have no sick note from him nor has he communicated when he is likely to return. Added to that we also have a lot of complaints about him from our customers, some have left us and some have requested another teacher. This has resulted in us putting him on a 6 week in-house training programme, - we are a swim school - part of training requirement was to provide session plans two days before the session, he was told failure to do so would result in losing the session, he failed and lost he first session, now he is off sick we obviously can't continue the training programme. Our real problem is that we struggle with somebody being off a lot and have to cancel a lot of lessons as we have no other cover which is not only costing us but is also going to damage our reputation.

Can we dismiss him?

How long has he worked there please?
Customer: replied 3 years ago.

1st October 2013

thank you.
If he has worked for you for less than two years then you can dismiss him for any reason you like really unless it offends against equalities legislation. He cannot claim for unfair dismissal because he has worked for you for less than two years.
You do need to give him in accordance with his contract or he could sue for wrongful dismissal but that does not really carry the same weight and implications for you.
In any event, if he is always going off sick then you have every right to dismiss him. Nobody expects you to be a charity. Even the tribunal will understand that your main purpose is to make money and you are not doing that if you have an unreliable employee.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I think thats covered everything, I've just checked contract, its one week's notice for every full year worked so we will give him two weeks.

Thank you so much - a weight off my mind!

No problem and all the best.
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