Kit Car Electronics Posted October 14, 2014 Share Posted October 14, 2014 Steve, I'd strongly recommend consulting an Employment Lawyer. My Brother-in-law is a partner at ParisSmith Southampton and specialises in exactly this type of problem - let me know if you'd like an introduction. Mike Quote Link to comment Share on other sites More sharing options...
Lawrie Posted October 14, 2014 Share Posted October 14, 2014 This has moved quickly. My first point is the contract of employment. Most have clauses for long term illness etc. Second point is this is not really redundancy, so doing that leaves you open to further claims for wrongful dismissal. Its gets expensive, but I think launching into an employment tribunal became expensive last year Thirdly, if the employee is unable to perform the tasks under the contract, after a "reasonable" time (and I think we're talking months) the contract becomes frustrated and can be terminated. Some legal advice will be expensive, but its usually good value. The easiest method is to try to agree something in terms of a pay-off. And sack HR manager, who should be on top of this Quote Link to comment Share on other sites More sharing options...
Nick Algar - Competition Secretary Posted October 14, 2014 Share Posted October 14, 2014 Steve, You have had some good advice already, I would just echo the comments that your HR person does not sound much good. But that doesn't surprise me as I only found 1 good one in far too many years of managing businesses. As you are now at this stage a good HR Lawyer would be a great idea. Whatever happens please let us all know the outcome. Best of luck and hope it works out OK for you. Quote Link to comment Share on other sites More sharing options...
corsechris Posted October 15, 2014 Share Posted October 15, 2014 This has moved quickly. My first point is the contract of employment. Most have clauses for long term illness etc. Second point is this is not really redundancy, so doing that leaves you open to further claims for wrongful dismissal. Its gets expensive, but I think launching into an employment tribunal became expensive last year Thirdly, if the employee is unable to perform the tasks under the contract, after a "reasonable" time (and I think we're talking months) the contract becomes frustrated and can be terminated. Some legal advice will be expensive, but its usually good value. The easiest method is to try to agree something in terms of a pay-off. And sack HR manager, who should be on top of this Bang on. Spoke to the missus about this, she works for a law firm and gets to see quite a lot of this sort of thing. This was her advice as well with the most important emphasis on getting some proper legal advice. Quote Link to comment Share on other sites More sharing options...
Dibby Posted October 15, 2014 Share Posted October 15, 2014 ... with the most important emphasis on getting some proper legal advice. Amen to that. Don't trust internet advice, especially when it could land you in hot water if you get it wrong. Asking a car forum about a sensitive HR issue? What could possibly go wrong? 1 Quote Link to comment Share on other sites More sharing options...
corsechris Posted October 16, 2014 Share Posted October 16, 2014 Amen to that. Don't trust internet advice, especially when it could land you in hot water if you get it wrong. Asking a car forum about a sensitive HR issue? What could possibly go wrong? It was this aspect that prompted me to discuss it with the missus TBH. A topic where details best kept private without a boubt. Quote Link to comment Share on other sites More sharing options...
Dibby Posted October 16, 2014 Share Posted October 16, 2014 Yep, we'll never get enough information through an internet forum due to peoples' privacy and we will only hear one side of the dispute. ...She has been to Citizens Advice and been informed that we must make her redundant, which I do not want to do, because a. it will prove costly ... My first thought when reading this was why are you writing contracts that you can't afford to get out of? Quote Link to comment Share on other sites More sharing options...
AdamR Posted October 16, 2014 Share Posted October 16, 2014 Even statutory redundancy requirements can run into many thousands, especially if the employee has been in their position for a few years... Quote Link to comment Share on other sites More sharing options...
Dibby Posted October 16, 2014 Share Posted October 16, 2014 It's capped at £464 per week, one week per year you've worked there (1.5 weeks if you're over 41), that's not a lot for a company to put away into a contingency fund per year the employee has been there. Quote Link to comment Share on other sites More sharing options...
AdamR Posted October 16, 2014 Share Posted October 16, 2014 Yeah - I've been through this very recently. Realistically though, you can double that figure since you'll not be wanting them hanging around for their notice period, therefore you have to pay their wages for that time as well (it's even worse watching someone not working than having them sat at home being paid for it!). So, say a company has 5 employees of an average £300 a week wages and an average of 5 years of service each, and a couple of them over 41, that means at least £20k 'contingency' - I doubt many business can afford to have that sort of cash kicking around not being used! Quote Link to comment Share on other sites More sharing options...
Dibby Posted October 16, 2014 Share Posted October 16, 2014 They'd better have the money in a contingency when the redundancy comes round, you can't wriggle out of the law. Going through it here too, we're looking at almost 100 of us going by April, they're relying on a lot of people finding work elsewhere and handing their notices in so far but the last few of us are hanging it out for redundancy. Been here 8 years, it's not a life changing amount but worth hanging on for the payment. Quote Link to comment Share on other sites More sharing options...
Lawrie Posted November 1, 2014 Share Posted November 1, 2014 I spoke to an old friend who know about these things, and redundancy is appropriate in cases of incapacity, and not an abuse of the law. You have a duty to find an alternative post, and the redundancy can occur after the temporary post ends. Details of the statutory payments are above, but some employers will pay more, and this may be in the contract of employment. Redundancy can be very expensive for a business, and there are cases of firms going bust as the redundancy liability is more than the business is worth. Quote Link to comment Share on other sites More sharing options...
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