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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75974
Experience:  Qualified Solicitor
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HiCan you dismiss an employee of seven years, Sorry missed

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HiCan you dismiss an employee of seven years
JA: Where is the employee? It matters because laws vary by location.
Customer: Sorry missed end of conversion off...can you instantly dismiss an employee of Severn years who isn't on a contract ? Or do you have to serve a notice?
JA: What steps has the employee taken so far?
Customer: None as yet
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 that's fine thanks

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.

Why is the employee being dismissed?

Customer: replied 13 days ago.
Basically not performing to the wage that is being paid and also trust issues

Thanks, ***** ***** the trust issues specifically?

Customer: replied 13 days ago.
Not trusted to perform ta task being asked not performing to there pay grade. If they are not on a contract do they have to be served a notice?

Thank you very much for clarifying. If an employee has been continuously employed with their employer for at least 2 years they will be legally protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR).

Therefore, the first step is to establish which of these reasons is going to be used to justify the dismissal. Not only that, but they must also justify that it was appropriate and reasonable to use it in the circumstances.

Finally, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances. Each of the potentially fair reasons will have its own requirements in terms of the procedure that needs to be followed in order to make it fair.

What you have mentioned is unlikely to be able to justify instant dismissal for gross misconduct so you should really be considering a formal disciplinary, leading to an official written warning and only if further misconduct occurs should you be looking at dismissal in the future[VJ1] .

In terms of notice, if they are being dismissed for something very serious, which is gross misconduct, then no notice is due, but if it is not a gross misconduct dismissal, they would be due a week for each full year of service.

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.

Customer: replied 13 days ago.
Is that without being on any form of contract?

yes, they would still have an implied employment contract regardless

Customer: replied 13 days ago.
Okay thanks. What if you couldn't afford to employ them anymore because they are not performing to there wage structure?

That's a capability issue, but again instead of dismissal you need to set up a performance monitoring plan, offer support and training and monitor them over a period of time and if they fail to improve then you move to disciplinary. You do need to be careful whatever you do as they do have unfair dismissal protection

Customer: replied 13 days ago.
Ok thanks. If I no longer want to employ them what would you advice for dismissal? For someone who continues to make mistakes daily and basically gets overpaid for there capabilities
Customer: replied 13 days ago.
Also how much notice do they have to give me?

why would they be giving you notice?

Customer: replied 13 days ago.
If I served them 7 weeks notice and they decided to walk away from the job I still need time to replace them

They only have to give you one week’s notice to leave so they can do that if needed. But I would not recommend dismissal without prior official warnings and a period to let them improve, otherwise you are opening yourself up to a potential unfair dismissal claim

Customer: replied 13 days ago.
Ok thankyou.

You are most welcome and all the best.

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