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Hello

 

Can anyone one advise me on the termination procedure of an employee?

 

Do i have to put it in writing?

 

How many weeks notice do i have to give?

 

Thanks

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… Such as how long has the person been employed? Why are they being terminated?


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Hello

 

Thanks for replies.

 

The person has been with me for the last 6 months. I basically don't need the help anymore like i use to.

 

Thanks

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What did you put in his contract of employment with redundancy matters?

 

Things such as notice period etc

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If there's no contract then just terminate on a weeks notice - you don't even need to confirm it in writing given their length of service. Don't make it a disciplinary or termination hearing - just explain the reasons and pay them in lieu of a week.

 

If there's any risk of a discrimination claim or other claim for asserting another statutory right though you would need to be a bit more cautious.

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what did you put in their contract of employment about termination? You did give them a contract within 2 months of starting the job as you are required to didnt you? I would suggest that you pay 3 weeks pay to make sure you cover yourself for any possible claim for not doing so and to make sure that their statutory paid leave entitlement is likewise covered.

As an employer you have responsibilities and you should have made yourself aware of those statutory respionsibilites before you engage someone

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what did you put in their contract of employment about termination? You did give them a contract within 2 months of starting the job as you are required to didnt you? I would suggest that you pay 3 weeks pay to make sure you cover yourself for any possible claim for not doing so and to make sure that their statutory paid leave entitlement is likewise covered.

As an employer you have responsibilities and you should have made yourself aware of those statutory respionsibilites before you engage someone

 

Agree that it's wise to understand basic employment rights before engaging an employee.

 

I disagree that 3 weeks pay is required. The statutory minimum is one week.

 

An employee can only claim compensation for a failure to provide a written statement of particulars on the back of another successful substantive claim, i.e. Unfair dismissal. The employee could theoretically decide to pay substantial tribunal fees to bring that claim without another claim on the back of it, but the ET has no jurisdiction to award compensation in those circumstances and could only award a declaration of rights, which is rather useless after they've left the company!

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the employee will have accrued a paid holiday entitlement so failure to pay that will land the employer in the mire. That is why I suggest 3 weeks pay, it tidies everything up.

Also, if the employment contract says 1 years notice then a county court will decide upon a breach of contract claim if asked to. The top brass failures in the City dont rely on an ET to get their compo package because what they could be awarded wouldnt pay them for an hours lost salary. I think we can assume that the OP hasnt given the employee a contract or they wouldnt be here so it wont be a years' notice but that doesnt alter the Statutory Leave entitlement so 3 weeks pay is the rounding to cover that. Notice and holiday can then be concurrent or I would have said 4 weeks pay..

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Thanks again for all the replies.

 

There was no contract etc, as already said i just needed help for a period of time. And i did say at the start, the job wouldn't be long term.

 

I just wanted to make sure i done everything right.

 

Thanks

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there was a contract, that is the point. As soon as you open your mouth to offer something and they accept you have created a binding contract so trying to mitigate it away doesnt wash. Even though it isnt in writing there are obligations in law you have to follow and that creates a contract of employment so you have to pay holiday pay and you have to give a week's notice of termination and that will be paid whether worked or not.

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