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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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we are a small business with only one employee. We have payed

Resolved Question:

we are a small business with only one employee. We have payed for 16 hours a week, minimum wage since oct 2012. For some time now we have not had enough work to justify the position or the expense. Therefore we need advice on how to end this arrangement and what are our rights and the rights of our employee.
many thanks penny
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are there any other jobs that this employee could do in the company?
Customer:

Thanks Ben. There is nothing else that this person is qualified or capable of doing where we could redeploy them and when their workload has been extremely light they have shown no interest in helping out elsewhere.

Ben Jones : Hi sorry i was offline by the time you had replied. In these circumstances you are looking at a potential redundancy situation, where you will be making the person redundant because the business no longer requires the specific position that they are doing. As they have more than 2 years service they are protected against unfair dismissal, which means you need to follow a fair redundancy procedure before you consider making them redundant. This would mean identifying the role that is no longer needed, marking it as being at risk of redundancy, showing why that is the case and then consulting with the employee over the proposed redundancy. This requires you to invite them to a couple of consultation meetings, to discuss all of the above, allow them to make any inputs as to what could be done to save the job and also offering them any suitable alternative positions that may exist so you avoid having to dismiss them. If no such positions exist then you can make them redundant. You will have to issue them with notice of redundancy, which is their contractual notice period and which they can either work through or be paid in lieu of, as well as paying them the redundancy payment they are entitled to. This would either be an enhanced redundancy payment that they get under contract, or if no such payment is included there it will just be the statutory redundancy amount. You can calculate this by searching for 'redundancy calculator' and you will see the .gov.uk link which you can use to input all necessary data so that it calculates that for you. Hope this clarifies your position?
Customer:

Thanks Ben. That pretty much confirmed what we thought. Thanks for your help. Very satisfied.

Ben Jones : You are welcome, all the best
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