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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48761
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have sat down with two individuals and started the

Resolved Question:

We have sat down with two individuals and started the process of redundancy. The reason for this is due to a down turn in business in this area and us not being able to sustain the on going costs. we have had 1 meeting already to advise on the situation asking for volunteers. The 2nd meeting was to advise due to no volunteers coming forward that we are now looking at a scoring process in order to make the decision as fair as possible. However, the meeting was postponed due to illness and unplanned holidays however, we have today one individual has gone off on holiday and taken the only company mobile phone/scanner for the site. This has proved a huge inconvenience to the other worker as he is not contactable when not at his desk and the scanning element has to be done manually by writing details down at every turn. As the employee concerned is under threat of redundancy is it good practice to go through the disciplinary process. At this point there was very little between the scores however this as now added some leverage to one case. Can you offer some advice how to progress ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long has this employee worked there for?

Customer: replied 1 year ago.

2008 - 4 Yrs

Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Hi there, just because someone is under threat of redundancy, does not make them immune from disciplinary action if the need for such arises. So it is entirely possible for you to commence a disciplinary process alongside a redundancy process and then use the outcome of the disciplinary matter in the scoring for the redundancy exercise. What you should avoid doing is putting the redundancy process on hold just to allow the disciplinary one to complete and then applying the disciplinary outcome to your scores. So the redundancy process should not be dependent on the disciplinary one completing and you just need to go ahead with the redundancy scoring as normal and base the on current information. If the disciplinary has not yet completed then you should not use that in your scores. If it is just a matter of days though, between being able to finalise the disciplinary and carrying out the redundancy scores, I am sure you can time it in a way that would allow you to finish the disciplinary first anyway.

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