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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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We are a private Ltd company. We have a pretty

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Hello
We are a private Ltd company.
We have a pretty crap accountant, who does a lot of mistakes, is forgetful etc.
We have new ownership structure, they do not trust his work, and we are now appointing a company to look after our accounts.
The accountant (who actually is not even one...), worked freelance 2-3 days for us in 2014; he requested to work full-time for us to "cope with the workload", i agreed and he put himself on the payroll since Jan.
Recently we have new owners in the company, they requested recent accountant and P&L, which are in such a mess that we had to pay an external finance person to recreate our accounts from scratch. Now we appointed a company to do our accounts from April and terminated the "old" accountants employment (from 01-01 to 31-05);
i was polite, told him this is because of the new owners who want their own trusted team, so said he was being made redundant, not telling him that he produced a huge amount of garbage and i had to pay a huge amount for the cleanup now, not to harm his self-confidence anymore (he did some serious mistakes, with the accounts and also with the accounts payable, on which occasions i send him emails and told him off).
Now our GM in London told me that the accountant is looking for legal advise, as i never gave him an employment contract (he put himself on the payroll, with my permission), and that we made him redundant by outsourcing his services (at less cost and high reliability);
Is there anything i can / need to do here now? He is supposed to leave on 31-May, asked me for a redundancy plan, quoting "He had other options in Jan that he dismissed for us" - Am i missing something here?? He is doing a crap job, and now seems surprised that i take someone new?
Thank you
Anian
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. When did he first start working for you, was it in 2015?
Expert:  taratill replied 1 year ago.
sorry that should say 2014?
Customer: replied 1 year ago.

Hi Jenny, sorry he started in 2013/2014 freelance and then 2015 he put himself on the payroll

Expert:  taratill replied 1 year ago.
Do you know the exact date as this is important?
Customer: replied 1 year ago.

Give me a minute, going through the payroll now... i think it was 01/01/2015 - with the salary paid on 31/01/2015

and in 2014 he invoiced us through his company, not personally

Customer: replied 1 year ago.

Laughing?

Expert:  taratill replied 1 year ago.
Sorry for the delay I was offline for a while. Did he submit an invoice in 2013/
Customer: replied 1 year ago.

Yes possible, maybe he worked 2 days per week. But always as a contractor, under his own company, aldaine investments

Expert:  taratill replied 1 year ago.
Under the circumstances you describe I do not think he can bring a claim. In order to claim unfair dismissal or for a redundancy payment he will need to demonstrate that he has 2 years continuous service.
As he worked as a contractor prior to putting himself on the books you can argue that his continuous service started in 2015.
He may raise an argument that TUPE laws mean that he should have continuous service however this is not an easy arguement to win.
Either way if you can evidence poor performance you will be able to show that you had good grounds to dismiss for another reason you were just being kind.
I really do not think you need to worry to much about this. He is just feeling bitter.
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.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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