Hello, my name is Ben and it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. Why does he not have a contract
we stupidly never did one .
Thank you for your patience. When exactly did this person start working for you?
Hi Ben i will find out this morning and get back to you .
ok no problem, thanks
Hi Ben 4-1-2010
ok and say you say 'lay off' do you mean temporarily or permanently?
are they the only person doing their particular job?
well he share it with me i also do it and i am the owner .
If you want to lay someone off permanently because the company is not making money and needs to reduce headcount then that means you will have to make the redundant.
As they are the only person doing their specific job you can argue that this position is no longer needed and the tasks can be spread out amongst existing staff for example. You will then have to make the person doing it redundant.
However, with redundancy come certain obligations that you need to meet. First of all you will have to consult with the employee and discuss the reasons for the potential redundancy, as well as discuss the options you have to avoid redundancy, if any exist. You also have to try and offer them suitable alternative employment if any is available.
If redundancy appears to be the only option then you can invite them to a final meeting, tell them it may result in the termination of their employment and allow them to be accompanied by a colleague or trade union rep. At the meeting you can confirm that they are being made redundant as no suitable alternative employment can be found.
As they have been with you for more than 2 years they will be entitled to the following payments on termination:
what is the legal requirement of redundancy pay
you can calculate it here
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