Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Do you have grounds to dismiss her?
Yes, possibly, however, will you please respond in writing in general overall terms, to the question raised. Redundancy or Dismissal ?
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.
First of all redundancy is a type of dismissal so you cannot compare redundancy with dismissal as the two are the same. What I think you mean is that one dismissal option is redundancy, although you may consider other types of dismissal too. These other options are misconduct, capability or some other substantial reason.
Whatever reason you use you would need to justify it. The employee has enough service to be protected against unfair dismissal so you must be able to show that the method you rely on was genuine and fair and that a fair procedure was used. So you cannot for example use redundancy as a reason if no redundancy situation actually existed. Similarly, you cannot just dismiss her for misconduct if she had not been guilty of misconduct. Just picking a reason because it suits you, when it did not apply, can make the dismissal unfair so it would be irrelevant whether you chose redundancy, misconduct or any other reason for the dismissal.
So that is why I was asking whether you have grounds to dismiss her so I can provide more specific advice and guide you to what your best option may be.