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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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HI, A female staff member at the Public House my Husband and

Resolved Question:

HI, A female staff member at the Public House my Husband and I own had been having an affair with my Husband. She is now threatening us both in text messages and by posting photos on facebook. We want to dismiss her from the job but need advice on how to do this in the correct way. Also we are selling the Pub so can we do this by making her redundant? The pub is up for auction so effectively she will not be employed by us in three months time and if we do this now it gives her time to find a new job. This is difficult but I am fully aware of all that has gone on hence the reason for selling and moving our family away to give us a new start but we need this employee out of the equation before the pub sells to avoid any further issues. Many thanks in advance for your advice, sure this seems a ridiculous situation for you to comment on but any advice would be gratefully received.

Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long has she worked for you for?

Customer:

Since april this year she has a contract from the Pub we own.

taratill :

So is her employer the brewery rather than you and your husband personnally?

Customer:

Its a free hold pub but the term on her contract states that the employment contract is between us the pub name and you her name.

taratill :

In what way is she threatening you and what photos are being posted on facebook?

Customer:

malicious messages ema

Customer:

sorry, emails and texts to my Husband and she postated some half naked ones of him which i reported and she took down but has since sent messages to say there are more and people will see them. we dont care so much about that we are trying to sell the business and she is putting off potential buyers as we are an affluent pub which will sell.

taratill :

Hi what will happen to the work she does in the 3 months between now and the date you sell the pub?

Customer:

we employ her as a manager and have only ever had staff before so we can cut the cost by having temp staff in and close the pub in the day and just open at night. we just need to know how to dismiss her the correct way as we did think if we made her redundant we wouldnt be employing another manager and the business will not be owned by us from september giving her chance to find other employment before new owners come in to take over.

Customer:

Hope you can help when back online, Thanks

taratill :

Hi technically you can dismiss for any reason when an employee has been employed for less than 12 months. The difficulty you may have is that she may attempt to claim that it amounts to sex discrimination given the background to the situation. I would suggest you say that it is a redundancy based reason when you do dismiss her and pay her a weeks notice and make a payment in lieu of notice (1 week). You also need to pay her for outstanding acrrued holiday pay. Providing you do not replace her in the 3 months before you sell the pub you should not have a problem defending any claim she may attempt to bring.

taratill :

if you have any further questions please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thank you for your advice and help

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