Making somebody redundant
Making somebody redundant
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w1how

Original Poster:

1,507 posts

238 months

Friday 6th October 2006
quotequote all
A good friend is in the unfortunate position of having to make an employee redundant.The employee has worked since Jan 05 and his 'take home pay' after tax and NI is £250 per week.He has never had to do this before so does anybody know how much notice does my friend have to give and how much will it cost him to make the employee redundant??

Smartie

2,623 posts

296 months

Friday 6th October 2006
quotequote all
As they haven't worked for 2 years then no entitlement to redundancy pay.

They will only need to be given the notice period specified in their contract, and they can either be asked to work th notice period, or not, depending on the job type, risk etc?

Jasper Gilder

2,166 posts

296 months

Friday 6th October 2006
quotequote all
I believe I'm right in saying that pay in lieu of notice (IE you pay them their notice to leave now)is free of tax to the employee. Seems a shame th eemployee is being made redundant just before their 2 year anniversary. Your mate might just want to be extra clear that th ejob is no longer required - or there could be a tribunal claim for unfair selection for redundancy.

MissPHit

119 posts

234 months

Friday 6th October 2006
quotequote all
An employee has to serve 2 years' service to qualify for a redundancy payment.

Jasper Gilder said:
Your mate might just want to be extra clear that th ejob is no longer required - or there could be a tribunal claim for unfair selection for redundancy.

Yes, your mate should clarify, in writing, that the postion has become redundant as a reason for the employee's dismissal.

w1how

Original Poster:

1,507 posts

238 months

Friday 6th October 2006
quotequote all
Sorry should have read that he started work in JAN 04,not JAN 05.

2 sMoKiN bArReLs

31,783 posts

258 months

Friday 6th October 2006
quotequote all

2 sMoKiN bArReLs

31,783 posts

258 months

Friday 6th October 2006
quotequote all
1) Notice depends on contract. Can be paid tax free (under certain circumstances), but employer can take this benefit.. i.e. pay net pay equivalent, as it is an award for breach of contract..but does depend on contract of employment
2) Under regs introduced October 04, need to go through meeting procedure with agenda & minutes
3) Basically redundancy pay depends on age & length of service. Award is based on gross pay (subject to a cap) not net pay


ALawson

8,023 posts

274 months

Saturday 7th October 2006
quotequote all
Make sure that all people who are doing the same job have been looked at to ensure that there is a valid selection process has been followed. Obviously irrelevant if there is only one person doing the job.

Any redundancy money is usually tax free and at the moment this is up to a maximum £290 per year of service I believe although this is due for review at the beginning of October. This payment is usually one weeks pay per year of service. However, if the person is over 41 our company pay 1.5 weeks per year. I think that this may be a statutory thing.

Our normal process is.

Sent letter saying that they may be redundant and invitation to a meeting.
Meeting discuss any reasons for changing job scope alternative employment etc.

Make a discission and write to the person inviting to a dismissal meeting.
Have meeting.

Make a discission and send termination letter.

Had to make 3 people redundant over the last 3 months, not nice but you cannot employ people if there is no job!

w1how

Original Poster:

1,507 posts

238 months

Saturday 7th October 2006
quotequote all
Thanks for the replies.My friend is closing a business where only the employee and one other person work.The other person has only worked there a few months so has no entitlement to redundancy pay.The company was set up solely to service one client who is now doing what my friends company did in house.