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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Hello, we have a General Manager in our company, a lady

Resolved Question:

Hello,
we have a General Manager in our company, a lady in the mid 50ies; she started on 08-Jan 2014 as our Admin Person, we made her General Manager in April 2013; she is not very successful in her role, the business had literally no growth in the last 15 months;
now we decided to bring two new experts in - for the positions of Head of Operations and Head of Business development;
We announced this change 2 weeks ago, and have to downgrade her role to an admin manager, which she said she would be fine with.
Today all three met for the first time, and it was clear that the two new member will have to expect a lot of resistance from her; so we need her out, as otherwise we don't see the business to succeed.
What is the procedure to follow here please.
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 in total?

Customer:

Hello Jenny, thank you. In total she worked for us since Jan 2013 (1 year and 9 months)

taratill :

Do you think that directly or indirectly she could argue that her age has anything to do with this?

Customer:

No, i don't think so; the next member of staff is in his mid 40ies as well; she is just generally to unfriendly and negative

Customer:

"too" unfriendly i meant

taratill :

Ok what is the notice period in her contract?

Customer:

two weeks in writing on either side

taratill :

Ok as she has less than 2 years service she cannot claim unfair dismissal if you dismiss her. You are therefore enittled to dismiss her with 2 weeks notice and pay in lieu of outstanding accrued holiday. There is no procedure to follow. You can just call her to a meeting and say that you cannot continue to employ her as it is not working out.

taratill :

The only slight risk is a claim of discrimination under the Equality Act, this would only apply if she could argue that her dismissal was related to her age, sex, race, relgiion, disabillity or for raising a health and safety complaint.

Customer:

ok, perfect :) Many thanks!

taratill :

NO problem at all. Please do remember to rate my answer and do come back to me in the future if you need to

Customer:

ok, this would be hard for her to say and especially to prove

Customer:

Many thanks!

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