How to get rid of an employee?

[raf_gti]

Very simple scenario.

Is it possible to get rid of an employee as part of leaning a business with no real comeback?

Employee in question is part time front of house and is not really contributing anything at all, definately more of a hindrance than a help.

New business owner so be gentle!

[siscar]

'leaning a business'?

[raf_gti]

I know, I know, crap terminology.

The employee in question is surplas to requirements. He only works (very) part time for us with no real benefit so we would be much better off without him, really looking for ideas on how best to proceed.

[DavidY]

If the position is genuinely redundant, ie you are not going to hire ayone else for this role, then just make him redundant. Speak to your commercial solicitor about the procedure you need to follow, and follow it to the letter.

davidy

[raf_gti]

It would be a genuine redundancy. Is there a minimum amount of time you could not re hire someone for a similar posistion. After all, if business is booming in 6-12 months time then quite naturally we would look to hire someone else.

John

[DavidY]

John

Talk to your commercial solicitor, they will have someone in the practise whole deals with employment law, take their advice, yes it will cost you a couple of hundred pounds for the advice, but if you don't do it properly then it will cost you a lot more.

I don't know what the rehire period is for a previosuly redundant position

davidy

[pgilc1]

raf_gti said:

It would be a genuine redundancy. Is there a minimum amount of time you could not re hire someone for a similar posistion. After all, if business is booming in 6-12 months time then quite naturally we would look to hire someone else.

John

You would hardly hire 'exactly' the same role again, with 'exactly' the same job title anyway would you?

[chrispitman]

It also depends on how long they have worked for the company. Redundancy only applies after a few years. Other wise you can just let them go (with the contract notice) if the position is to cease. You can get advice from Bussiness Link.

[raf_gti]

Thanks for the advice guys. We will of course be consulting our legal eagles but it is nice to get a little heads up beforehand.

[J5 TPT]

I had a similar employee who had kept his head down until our 3 months trial period was over. I was advised by our legal people that the three months was irrelevant and you can get rid of an employee at any time within the first year so long as you don't do it for discriminatory reasons (racial / sexual/ fat).

[J5 TPT]

I personaly think that you should always try and look after your employees and give them something useful to do rather than get rid. After all you wouldn't like it if employees walk out on you. However if he really is lazy then he deserves the sack.

[Jasper Gilder]

An employee with less than 2 years service does not qualify for a redundancy payment. However you have to have a clear and transparent formula for choosing the person and things like age cannot be taken into account. If you make a role redundant it has to lie dormant for at least 6 months

[E36GUY]

Jasper Gilder said:

An employee with less than 2 years service does not qualify for a redundancy payment. However you have to have a clear and transparent formula for choosing the person and things like age cannot be taken into account. If you make a role redundant it has to lie dormant for at least 6 months

Unless you can prove the role itself has undergone specific and tangible changes in its nature in which case you can re-hire whenever you like