Making an employee unemployed

[Build1]

Bad times I have to cut my work force of one person because I haven't enough work for him anymore and his work isn't up to scratch.

He has worked for me since May 2009, four days a week.

How do I do this? I want to do it properly, what is the procedure?

How much notice do I give?
What do I have to pay him? He's had all the bank holidays plus 6 days off so far this tax year.

 

[kontracta_com]

I think this is one specifically for the legal forum Build1.

I'm sure someone there will give some pointers to help you determine whether it's a potential redundancy or a potential dismissal as well as find out what the specific circumstances are, what contract of employment you have in place and what internal procedures you have/have had etc etc.

 

[akirk]

I would get formal advice.

You have just said publicly that you don't have enough work for him (redundancy) and that his work is not up to scratch (firing), if I were him and spotted this after you fired him I would take you to a tribunal relating to the dismissal on the basis that you didn't have enough work but had fired him to avoid redundancy pay...

be careful

Alasdair

 

[Kernowman]

Yes you can either make this person redundant through lack of work, or you can dismiss this person for poor work performance.

Either way, for dismissal you will need to follow a process of verbal warnings with time limits set for improvements, you then need to escalate it to a final written warning before dismissal. In poor performance cases, it is advisable to make sure at some point that YOU have done all can with training opportunities, coaching, etc.

As obviously you are a small concern you don't have to go through any formal consultation process, but it doesn't hurt to discuss the possibility of a redundancy situation arising, whereupon your employee may take it upon themselves to find another job.

 

[Build1]

I would get formal advice.

You have just said publicly that you don't have enough work for him (redundancy) and that his work is not up to scratch (firing), if I were him and spotted this after you fired him I would take you to a tribunal relating to the dismissal on the basis that you didn't have enough work but had fired him to avoid redundancy pay...

be careful

Alasdair

I want to what's right the right way, that's why I'm asking for advice.

But I'm untraceable on here.

 

[ADW]

This is where FSB membership pays for itself.

 

[Build1]

Yes you can either make this person redundant through lack of work, or you can dismiss this person for poor work performance.

Either way, for dismissal you will need to follow a process of verbal warnings with time limits set for improvements, you then need to escalate it to a final written warning before dismissal. In poor performance cases, it is advisable to make sure at some point that YOU have done all can with training opportunities, coaching, etc.

As obviously you are a small concern you don't have to go through any formal consultation process, but it doesn't hurt to discuss the possibility of a redundancy situation arising, whereupon your employee may take it upon themselves to find another job.

There have been lots or verbal warnings already.

What is my liability if I make him redundant? It's only been 16 months or so since he started.

 

[Business News]

I'd recommend you contact the FSB legal helpline if you are a member if you aren't I'd recommend you join the FSB then call their legal helpline. I've let go two staff, one for poor performance and one for the downturn and they give you step by step guidance (free of charge to members) and even provide appropriate letters that comply legally and you just fill in the names etc.

 

[longleaf1]

I want to what's right the right way, that's why I'm asking for advice.

But I'm untraceable on here.

Nobodys untraceable.

like others have said FSB are brilliant and will give you all the advice you need.
Membership is about £120 i think per year, you would probably spend that i imagine in legal advice.

Otherwise have a look at the ACAS website, which is also very informative.

 

[Build1]

Thanks for the ACAS link.

It seems that as this guy has been with me less than 2 years, no redundancy pay is due.

I guess giving the fella a weeks notice is the way forward?

 

[Coppock]

Sounds about right, I had to let one of my staff go a couple of months ago and rang ACAS.
They gave me the forms etc to sort a disciplinary out, and it was all over quite painlessly.

They're very nice and helpful, always worth a call!

Good luck
Jen

 

[avantime]

I had to make all 8 of my guys redundant a couple of weeks ago - very painful. Get free advice from wherever you can.

As an employer the most important piece of advice I could give is that if things are tight then do it sooner rather than later. I didn't and am picking up the pieces trying to keep hold of my house. I thought I could keep everyone happy and in doing so have let them (and my family) down.

Good luck!

 

[longleaf1]

I had to make all 8 of my guys redundant a couple of weeks ago - very painful. Get free advice from wherever you can.

As an employer the most important piece of advice I could give is that if things are tight then do it sooner rather than later. I didn't and am picking up the pieces trying to keep hold of my house. I thought I could keep everyone happy and in doing so have let them (and my family) down.

Good luck!

Sorry to hear that mate. Think positive and things will pick up

 

[MASSEY]

Yes below 2 years you dont have to give them nothing.

But maybe stuff a little extra in the pay packet so he can at least drown his sorrows with a few pints

 

[papverpoppies]

Yes below 2 years you dont have to give them nothing.

But maybe stuff a little extra in the pay packet so he can at least drown his sorrows with a few pints

Could we please have a HEART motive for Massey, and his very kind and thoughtful post, nice one

See you do have one!

Poppy xx