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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48193
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just set up a company to take over a contract

Resolved Question:

I have just set up a company to take over a contract for community transport from a private company. This has meant tupe for 2 staff, 1 with 11 years service and 1 with 9 months service both on 18hr contracts. Under the new service there is only enough work for 1 staff member at 18hrs per week. Can I make the recent staff member redundant?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When you say the recent one, do you mean the one with shorter service?
Customer: replied 2 years ago.
Yes sorry, the staff member who was taken on in Sep 14
Expert:  Ben Jones replied 2 years ago.
It would be quite easy to remove that employee because they do not have 2 years’ service and as such they would not be protected against unfair dismissal. This means you could dismiss them for more or less any reason as long as it is not discriminatory. That would cover things such as age, gender, race, religion, etc. So as long as these are not factors in your decision, you could dismiss them and retain the other employee. To ensure that the dismissal is fair, you must pay them their contractual notice period (minimum of 1 week) and also any accrued holidays for the current holiday year. There is no redundancy payable as they do not have 2 years’ service. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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