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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44941
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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GOOD AFTERNOON (I NEED HELP) CAN I LAY A MEMBER OF STAFF OFF

Customer Question

GOOD AFTERNOON (I NEED HELP)
CAN I LAY A MEMBER OF STAFF OFF WHO HAS NO CONTRACT , BUT HAS BEEN WITH US OVER 1 YEAR ? REASON FOR LAYING HIM OFF WE ARE NOT MAKING ENOUGH MONEY ??
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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

JACUSTOMER-4gjcl0s7- :

we stupidly never did one .

Ben Jones :

Thank you for your patience. When exactly did this person start working for you?

JACUSTOMER-4gjcl0s7- :

Hi Ben i will find out this morning and get back to you .

Ben Jones :

ok no problem, thanks

JACUSTOMER-4gjcl0s7- :

Hi Ben 4-1-2010

Ben Jones :

ok and say you say 'lay off' do you mean temporarily or permanently?

JACUSTOMER-4gjcl0s7- :

permanently

Ben Jones :

are they the only person doing their particular job?

JACUSTOMER-4gjcl0s7- :

yes

JACUSTOMER-4gjcl0s7- :

well he share it with me i also do it and i am the owner .

Ben Jones :

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:

  • Redundancy payment
  • Wages up to termination date
  • Contractual notice period
  • Accrued holidays
JACUSTOMER-4gjcl0s7- :

what is the legal requirement of redundancy pay

Ben Jones :

you can calculate it here

Ben Jones :

https://www.gov.uk/calculate-your-redundancy-pay

Ben Jones :

Has this answered your question?

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