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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 2688
Experience:  Owner at James Bruce Solicitors
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I'm an Operations Manager, and we do have a self employed

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I'm an Operations Manager, and we do have a self employed worker, that was confronted with a situation regarding something he said
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: when I confronted him with the facts, he denied that he had stated what caused the incident, to the point that he decided to leave "saying that he didn't care, and he was tired of allways being accused", at this point I have informed him that if he decided to go, he wouldn't have anymore shifts. There's witnesses of this event.
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: he is self employed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: does this comes under gross misconduct? can he dispute this at any tribunal?

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 17 days ago.
Hello James, thankvery much for your prompt response.My main concern is if it is a motive to straight dismissal...

Just to confirm, they are self employed is that correct?

Self-employed people do not have the employment rights and responsibilities that employees have, as they are their own basically their own employer.

Being self-employed, therefore, means forfeiting the right to: ***** ***** pay, maternity, adoption and paternity leave and pay the right not to be unfairly dismissed, statutory redundancy pay the National Minimum Wage and so on.

If they were an employee, and they made those comments and just walked of site, it could be questioned whether they have resigned or not. If they had less then two years service then no problem, as unfair dismissal wold not apply. However, 2 years or more, it is safer to obtain their resignation in writing.

Now, back to them being self employed. As stated above, as self employed they forego a number of workers rights. Therefore unfair dismissal would not apply.

There walking off the job can be treated as gross misconduct just as it cold for an employee.

But as self employed, you do still have the option to see if they have quit, if they say no, then your choice if you want them back having waled off site.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance.

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