How much notice to give?

[helenthemum]

Hello

To cut a long story short. I am going to be sacking someone.

She has not signed her new permant contract after being on a temporary contract.

She is now on long termsick leave and I have talked to ACAS and can legally give her notice.

Forgot to ask them about how much notice to give. Her old temp contract said 2 weeks if employed for more than 1 month which she has been.

My dilema is that if I give her the full 2 weeks notice that takes her over the 1 year of employment which could make things awkward.

She currently is not covered by a contract as she didn't sign the new one before going on sick leave at the beginning of the year, she did know a new contract was ready to be signed.

Helen

 

[sjbeale]

I would proceed very cautiously given that with notice her service will be more than 12 months. If you dismiss unfairly she may take you to tribunal.

Her illness could be covered the disability discrimination act.

You need to obtain a medical report using an occupational health advisor which will give you the information to take action.

If you would like more details please contact me at [email protected].

 

[helenthemum]

She has already told me that she will not be able to return to full time employment and that even part-time would be hard. she had a number of days of sick prior to going on sick leave, which we managed to work around as she was only working 3 days a week.

I have asked her if she intends to return to work when the doctor says she is fit for work and she didn't answer me.

She has been signed off due officially due to a broken ankle (broke it in july 07) but she told me she was signed off due to depression.

She has build up large debts which she told me were due to her breaking her angkle but I have since found out through my local council that she already had most of the debts before her accident and in fact had a court order against her dated before her accident.

My main problem is I don't want someone working for me who lies and who is not fit for purpose (her job involves standing for a few hours a day). I have tried her on other tasks but she was still complaining that her ankle couldn't cope.

Would the 3 step method be the best option for dismissing her?

Helen

 

[KidsBeeHappy]

She has large debts. Therefore her next actions are going to be driven by financial considerations.

She can only claim dole & some benefits if sacked or made redundant.

The form that the DSS will make her fill in explaining why she has been sacked is virtually identical to the form employees lodge to start an unfair dismissal procedure.
If she is on benefits she will more than likely get legal assistance from CAB or a legal resource centre.

Which means she has absolutely nothing to loose in lodging a (unsubstantiated) tribunal claim, and possibly the fact that she may win a settlement that will clear her debts.

Over 77% of tribunals go in the employees favour. And those who loose rarely pay employers costs. It costs around £1800 to fight even the most straightforward of tribunal claims.

She has 3 months from the date of dismissal to lodge a tribunal form.

If none of the rules have changed yet. (think they're due to change in April).

I have been here. Can you guessed how it ended?

If i were you, i would tomorrow morning go and join the FSB, for £150 you will get access to their legal advice, and they will help you send the right letters with the right wording. It will also cover you for any legal fees incurred if it does go to tribunal, and also, i think a settlement if it goes against you. But more importantly if she does go this way you can safely fight it all the bloody way.

Do this properly. Do not shortcut, because it could cost you dear later.

Good Luck.

 

[helenthemum]

Thank you very much both of you.

I am a member of the FSB and will be phoning them in the morning.

Ironicly I am due to go on an employment lay and health and saftey course next week.

Helen

 

[helenthemum]

I phoned ACAS again this morning.

They have advised me to use the 3 step process as she has got a pre existing injury.

Thank you.

Helen