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Your legal questions answered by Christine Betts, senior lawyer, schools and childcare team, Veale Wasbrough Lawyers Q One of my staff is taking an increasing number of days off work. It tends to be just odd days, but this is causing difficulties in arranging last-minute cover for her and is putting an unfair strain on other staff.

Q One of my staff is taking an increasing number of days off work. It tends to be just odd days, but this is causing difficulties in arranging last-minute cover for her and is putting an unfair strain on other staff.

Can I dismiss her?

A You must investigate what is happening and then follow a fair procedure.

This must also comply with the Employment Act 2002 (Dispute Resolution) regulations which came into force on 1 October 2004 and require all employers, regardless of their size, to put in place minimum statutory procedures for dealing with disciplinary action, dismissal and grievances in the workplace.

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