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.
Is there no other work she can do?
Just finishing off a meeting so will respond in about 10, thanks
I did not realise that I would be tied to a fixed payment per month. I just thought that is the cost of the one off question on law
I do not deal with subscriptions but you can choose an option just to pay a one off fee, you do not have to subscribe
every employee has his/her own area of work in the admin section
Also that the trade has slowed down
Oh so what happens now?
In what sense please?
who is going to help me with my question
I am still here
I am dealing with your query I haven't gone anywhere...
So her employment has now formally terminated and she is no longer employed by you?
That is what we informed her on Friday. We just need to do a letter spelling out the payments etc.
Can she ask under what criteria did we chose to let her go ?
ok let me get my response ready please
I wish you had contacted us before you proceeded with the dismissal because unfortunately you have not gone about this the right way and there is a strong potential of this being an unfair dismissal.
If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. Whilst you may be able to show a fair reason existed there has certainly been no fair procedure.
If the workload has reduced and her job has more or less disappeared then this is a potential redundancy and you would have had to follow a proper redundancy procedure. This would have required you to place the employee at risk of redundancy, start a consultation period with her, discuss the redundancy situation and what can be done to avoid it, offer her any suitable alternative employment if it exists, discuss the selection methods or why she was selected, hold a dismissal meeting and give her the chance to appeal. You appear ti have gone straight to dismissal and this will almost certainly make the dismissal procedurally unfair.
Now that you have terminated her employment the damage has been done – you could give her the chance to appeal she can appeal, then you can offer her the old job back, and then you can go through the proper procedure – that is one potential way of salvaging this. But if she decides she does not want to appeal then she can proceed to making a claim for unfair dismissal if she wanted to. Only she knows if that will happen but it is a possibility.
So at this stage there is a lot that could come back and bite you, but as mentioned it is possible to try and reduce any risks. Also it is worth mentioning that she would have also been entitled to a redundancy payment so that would have had to be added to her payout.
OK I think we will add the redundancy to her payout.
that may help but still does not deal with the failure to follow procedure
She can still claim even if you pay her redundancy
At this stage I will have to find out from the person if the status can be retrieved to follow your procedure
well you don't want to contact the employee and tell her you did not follow procedure but you invite her to return so that you can do so. But you can give her the chance to appeal and if she does so - you hold the appeal and see what she has to say and if you believe you wish to reinstate her then you may do so
Yes that is what I meant in not so many words.
ah ok i see
Anyway thank you for your help. I think in future we shall try not to be too smart and believe that we know it all!!!!!!!!!
It is easy to get caught out as there are many pitfalls in employment law and it is constantly changing, but making a few enquiries initially can save you a lot of headaches in the future....good old hindsight
Thank you again. Will certainly bear your advice in mind. Good Evening
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