Q: I have a member of staff who has worked for me for over two years but I have never given him a contract. How should I go about letting him go?
Jul 27 2008
Answered by: Peter Done Ask a question
The fact that this individual has no written statement of his main terms and conditions is irrelevant as far as his rights go. There is a contract in place here, it just isn’t in writing and he has all the same rights as any other employee. The lack of a written statement of main terms and conditions, which should have been provided within two months of his employment starting, is only relevant if he presents a claim at tribunal before these terms are issued. In those circumstances, there will be an additional amount added to any award of two or four weeks pay.
If you are seeking dismissal of an employee then you need to make sure that you have fair reason for doing so, that you have followed the correct procedure, that you have reasonably investigated the situation and that the decision is a reasonable one in the circumstances.
You have given no reasons for wanting to dismiss this person after two years of service. If you are finding yourself in a redundancy situation then you need to remember that it is the post that you are considering making redundant, not necessarily the post holder. In these circumstances, you need to consult with your employees about the fact that this post is potentially redundant and consider whether or not the post should go. If you decide that the post must go, then you need to consider whether or not the post holder should be dismissed or someone else.
If you are considering dismissal for some other reason, such as conduct or capability, then you need to make sure you follow the appropriate procedures to see if the issue can be resolved. This person is your employee and has been for two years. He has the right to present a claim to the employment tribunal for unfair dismissal so you need to make sure that any dismissal is carried out fairly and is reasonable in the circumstances.
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