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Benson's LAW.

Byline: WITH NICKY BENSON

Q I wish to end the employment of one of my staff, whoI don't think is pulling his weight. I have a disciplinary procedure but I haven't started down that route. I have been told that if I do not use the procedure, he could bring a claim against me and that this could include a claim for compensation for unfair dismissal. The employee has been with me for 10 months. Is this right?

AWhether your employee can bring a claim because you have not followed your disciplinary procedures depends upon whether those procedures form part of his contract. If they do, a claim for breach of contact could be brought where the employee could recover damages for the length of time it would have taken you to go through the disciplinary procedures. QI understand that there are new rules requiring employees to inform their employer as to whether or not they are a volunteer in the reserve forces. Can you explain the new rules?AThe mobilisation of large numbers of reservists in recent conflicts has highlighted the problem that some employers were unaware that they employ people who are reservists liable to be called up for military service. As a result, the Ministry of Defence has implemented a new policy from April 1, 2004 in which new volunteer recruits must agree that their unit may inform their employer about their reservist status. The reservist is then given a four- week period to bring up the subject himself with his employer.

Following this period the unit will write to the employer directly.

Nicky Benson, Cuff Roberts Solicitors, 100 Old Hall Street,Liverpool L3 9TD. Tel 0151 237 7777,fax 0151 237 7676 or emailnicky.benson@cuffroberts.co.uk
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Title Annotation:Business
Publication:Daily Post (Liverpool, England)
Date:Jun 23, 2004
Words:292
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