Getting rid of employee
Getting rid of employee
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Discussion

jamoor

Original Poster:

14,506 posts

234 months

Thursday 29th January 2009
quotequote all
Lets say I employ someone that can use a word processor in my office, now a requirement has come up for someone that can use a word processor and a spreadsheet, ideally we need someone with a good experience of using spreadsheets and we are unable to find a training course to send the existing employee on to learn how to use a spreadsheet.

Rather than hiring someone who is able to use a spreadsheet, we want to get rid of the existing employee and hire someone who can use a word processor and spreadsheet software to save money.

Is it actually possible to make the first employee redundant?

deevlash

10,442 posts

256 months

Thursday 29th January 2009
quotequote all
you really cant find a course on basic basic basic IT?

10 Pence Short

32,880 posts

236 months

Thursday 29th January 2009
quotequote all
jamoor said:
Lets say I employ someone that can use a word processor in my office, now a requirement has come up for someone that can use a word processor and a spreadsheet, ideally we need someone with a good experience of using spreadsheets and we are unable to find a training course to send the existing employee on to learn how to use a spreadsheet.

Rather than hiring someone who is able to use a spreadsheet, we want to get rid of the existing employee and hire someone who can use a word processor and spreadsheet software to save money.

Is it actually possible to make the first employee redundant?
You can't find a course? Really? Someone who can use Word will pick up Excel in no time.

Sounds like a crock of sh*t to me.

jamoor

Original Poster:

14,506 posts

234 months

Thursday 29th January 2009
quotequote all
10 Pence Short said:
jamoor said:
Lets say I employ someone that can use a word processor in my office, now a requirement has come up for someone that can use a word processor and a spreadsheet, ideally we need someone with a good experience of using spreadsheets and we are unable to find a training course to send the existing employee on to learn how to use a spreadsheet.

Rather than hiring someone who is able to use a spreadsheet, we want to get rid of the existing employee and hire someone who can use a word processor and spreadsheet software to save money.

Is it actually possible to make the first employee redundant?
You can't find a course? Really? Someone who can use Word will pick up Excel in no time.

Sounds like a crock of sh*t to me.
It's not literal, its for something alot more specialist.

It's a made up scenario.

10 Pence Short

32,880 posts

236 months

Thursday 29th January 2009
quotequote all
jamoor said:
10 Pence Short said:
jamoor said:
Lets say I employ someone that can use a word processor in my office, now a requirement has come up for someone that can use a word processor and a spreadsheet, ideally we need someone with a good experience of using spreadsheets and we are unable to find a training course to send the existing employee on to learn how to use a spreadsheet.

Rather than hiring someone who is able to use a spreadsheet, we want to get rid of the existing employee and hire someone who can use a word processor and spreadsheet software to save money.

Is it actually possible to make the first employee redundant?
You can't find a course? Really? Someone who can use Word will pick up Excel in no time.

Sounds like a crock of sh*t to me.
It's not literal, its for something alot more specialist.

It's a made up scenario.
How long have they been working for you?

jamoor

Original Poster:

14,506 posts

234 months

Thursday 29th January 2009
quotequote all
10 Pence Short said:
jamoor said:
10 Pence Short said:
jamoor said:
Lets say I employ someone that can use a word processor in my office, now a requirement has come up for someone that can use a word processor and a spreadsheet, ideally we need someone with a good experience of using spreadsheets and we are unable to find a training course to send the existing employee on to learn how to use a spreadsheet.

Rather than hiring someone who is able to use a spreadsheet, we want to get rid of the existing employee and hire someone who can use a word processor and spreadsheet software to save money.

Is it actually possible to make the first employee redundant?
You can't find a course? Really? Someone who can use Word will pick up Excel in no time.

Sounds like a crock of sh*t to me.
It's not literal, its for something alot more specialist.

It's a made up scenario.
How long have they been working for you?
Around 4 years.

10 Pence Short

32,880 posts

236 months

Thursday 29th January 2009
quotequote all
jamoor said:
10 Pence Short said:
jamoor said:
10 Pence Short said:
jamoor said:
Lets say I employ someone that can use a word processor in my office, now a requirement has come up for someone that can use a word processor and a spreadsheet, ideally we need someone with a good experience of using spreadsheets and we are unable to find a training course to send the existing employee on to learn how to use a spreadsheet.

Rather than hiring someone who is able to use a spreadsheet, we want to get rid of the existing employee and hire someone who can use a word processor and spreadsheet software to save money.

Is it actually possible to make the first employee redundant?
You can't find a course? Really? Someone who can use Word will pick up Excel in no time.

Sounds like a crock of sh*t to me.
It's not literal, its for something alot more specialist.

It's a made up scenario.
How long have they been working for you?
Around 4 years.
As far as I'm aware what you can't do is make their job redundant then hire someone to do the same thing (+ a bit extra).

jamoor

Original Poster:

14,506 posts

234 months

Thursday 12th February 2009
quotequote all
Hmm, a solicitor has suggested a compromise agreement, the charges are quite high to write one, the charges vague, and the employee needs to communicate with a solicitor too who may argue the points in the agreement, meaning more charges.

Does anyone know of a good employment solicitor that can give me advice on making a member of staff redundant in a legal manner?

jamoor

Original Poster:

14,506 posts

234 months

Thursday 12th February 2009
quotequote all
swerni said:
If you get it wrong IIRC you can be sued for up to £27k for breach of process alone.

Don't skimp on the legal costs, it's just not worth it.
I understand that, but I don't understand the point in it being necessary to have a whole mutual compromise shabang?

Although it may be worth it to avoid getting sued perhaps (even though we're not doing anything wrong)?

Dupont666

22,330 posts

211 months

Friday 13th February 2009
quotequote all
jamoor said:
Hmm, a solicitor has suggested a compromise agreement, the charges are quite high to write one, the charges vague, and the employee needs to communicate with a solicitor too who may argue the points in the agreement, meaning more charges.

Does anyone know of a good employment solicitor that can give me advice on making a member of staff redundant in a legal manner?
Ask richburley on here, he a personal friend and highly recommended by me as an employment lawyer, he had a look at my compromise agreement and all worked out well...

if i remember rightly you have to keep the job hunt secret or not do it until the employee has signed the agreement otherwise they can sue the pants off you for making their job redundant and at the same time asking for someone to replace them.

I would be looking at 4-8 weeks pay as the compromise and 2 months pay whilst putting their job at risk and giving them notice.... or you could be heartless and just give them 4 weeks and the boot and a week of their job at risk.


The Moose

23,478 posts

228 months

Friday 13th February 2009
quotequote all
How about having an adult-to-adult chat with the employee and saying that its not possible for them to learn the extra qualis they need, but as their initial skill is specialist, then offer to place them in a job of similar standard to what they are doing now.

Option??

jamoor

Original Poster:

14,506 posts

234 months

Friday 13th February 2009
quotequote all
The Moose said:
How about having an adult-to-adult chat with the employee and saying that its not possible for them to learn the extra qualis they need, but as their initial skill is specialist, then offer to place them in a job of similar standard to what they are doing now.

Option??
Already had a chat, we cannot afford 2 people, we can only have one that already has the skills.

jamoor

Original Poster:

14,506 posts

234 months

Friday 13th February 2009
quotequote all
Dupont666 said:
jamoor said:
Hmm, a solicitor has suggested a compromise agreement, the charges are quite high to write one, the charges vague, and the employee needs to communicate with a solicitor too who may argue the points in the agreement, meaning more charges.

Does anyone know of a good employment solicitor that can give me advice on making a member of staff redundant in a legal manner?
Ask richburley on here, he a personal friend and highly recommended by me as an employment lawyer, he had a look at my compromise agreement and all worked out well...

if i remember rightly you have to keep the job hunt secret or not do it until the employee has signed the agreement otherwise they can sue the pants off you for making their job redundant and at the same time asking for someone to replace them.

I would be looking at 4-8 weeks pay as the compromise and 2 months pay whilst putting their job at risk and giving them notice.... or you could be heartless and just give them 4 weeks and the boot and a week of their job at risk.
We aren't really replacing him as such, we no longer need a Word operator, instead we are hiring an excel operator who can do a bit of word too.

fade2grey

704 posts

267 months

Friday 13th February 2009
quotequote all
I'm no expert but I suspect you have to give them the opportunity to change & re-skill, with your assistance. If they then fail to meet the grade then you can go through due process (PIP's, written warnings etc) to get rid but it'll be time consuming. Be careful of making their position untennable & being at risk of a constructive dismissal case or not playing by the rules in any way - the laws tend to be very good for the employee in that respect. Let's face it, if you took them on as say a word operator & they've been performing well & you now need an excel operator instead with no possibility of them reskilling to cross the gap then you are going to have to let them go but do it the right way. I assume they've been a good employee so moraly you should do it the right way too.

Mr POD

5,153 posts

211 months

Friday 13th February 2009
quotequote all
HOW DIM is this person ? Using a spreadsheet is a piece of piss, and with a little training and encouragement anyone apart from an idiot would not have a problem. Offer to pay for them to do the courses for idiots at night school and if they pass give then a pay rise.

Mattt

16,664 posts

237 months

Friday 13th February 2009
quotequote all
Mr POD said:
HOW DIM is this person ? Using a spreadsheet is a piece of piss, and with a little training and encouragement anyone apart from an idiot would not have a problem. Offer to pay for them to do the courses for idiots at night school and if they pass give then a pay rise.
Read the thread wink

stevieb

5,253 posts

286 months

Friday 13th February 2009
quotequote all
Sounds to Me you dont want to give the person a chance to prove themself. and you are just finding an excuse to employ a replacement.. you cant find a suitable excel course my backside..

There are plenty of decent course where goes through the basics, and upto writing VB in excel.. I have trained people in using excel and to do VB in excel in a little less than a week.


silver.fox.2008

820 posts

209 months

Friday 13th February 2009
quotequote all
stevieb said:
Sounds to Me you dont want to give the person a chance to prove themself. and you are just finding an excuse to employ a replacement.. you cant find a suitable excel course my backside..

There are plenty of decent course where goes through the basics, and upto writing VB in excel.. I have trained people in using excel and to do VB in excel in a little less than a week.
Read reply above you. Applies to you also. Read the thread wink

jamoor

Original Poster:

14,506 posts

234 months

Friday 13th February 2009
quotequote all
Sweet fking lord.
Read the thread!

stevieb

5,253 posts

286 months

Friday 13th February 2009
quotequote all
jamoor said:
Sweet fking lord.
Read the thread!
Yep i have and in my eye you have someone that can do job X but you now have a requirement for job Y.
Job X seems to be pretty basic and Job Y you consider to be specialist.

From what you are saying you don’t want to give them the opportunity to advance there career so you want to boot them out.