Sacking someone without contract after 2 years

[Click2Post.co.uk]

I have a lazy employee who is really starting the cause disruption in the office, He has been with us just over 2 years and doesn't have a contract, his employment was casual but during our rapid expansion we never got around to sorting contracts out and job roles have constantly been changed.

I want to sack him, what are my options and liabilities please ?

 

[john1989]

If he is only starting to cause disruption, why won't a quiet word sort it out? Seems drastic to sack an employee with 2 years service over recent events.

 

[matt.griffin]

A contract of employment is created as soon as you make an offer of employment, and that offer is accepted. The contract does not need to be in writing; however, employees have a statutory right to receive a written statement of employment particulars. In most cases they should receive this within two months of starting working for you. If you haven't done this already, my suggestion is that you do it as soon as possible.

As the employee has more than two years’ service, which I have presumed has been continuous, you cannot simply dismiss him. You will need to follow your organisation's documented disciplinary and dismissal procedure, or the ACAS guidelines in the absence of a documented procedure, to avoid being exposed to a claim for unfair dismissal.

 

[Employment Law Clinic]

I have a lazy employee who is really starting the cause disruption in the office,

I want to sack him, what are my options and liabilities please ?

Hi Click2Post,

The process is relatively straightforward, even if you haven't issued anything in writing. You will need to go through various stages of a disciplinary/capability procedure - issuing warnings before any dismissal - but they will either improve their conduct, or leave the option wide open for a fair dismissal.

It would obviously be sensible to get employment contracts (or at least issue Statements of Particulars) to all staff soon, but the absence of them won't prevent you following a reasonable course of action. Sacking immediately isn't reasonable, but if they don't improve their conduct following a warning (or even starting with a quiet word), the various stages can be completed relatively quickly, assuming their behaviour doesn't improve.


Karl Limpert

 

[Paul Norman]

I hate to be difficult, but were you too lazy to sort out their contract?

 

[Deleted member 232637]

The lack of a contract doesn't mean that one doesn't exist. For any dismissal you always need to follow the usual disciplinary and dismissal procedures. If you do not have any, you can follow the ACAS guide.

In relation to contracts, you should issue them within 8 weeks of employment.