Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know whether you are hoping to sack this employee?
I cannot change your email address unfortunately, you have to contact customer services but we can continue on here regardless, you do not need an email address to see my responses
Why do you want to sack the employee?
is the post going to change from what it was before the purchase?
How long has she worked there for?
are you buying the shares of the limited company?
ok just need to get my advice ready, won't be long
If she has been continuously employed at her place of work for less than 2 years then her employment rights will be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.
If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period. Unless she was dismissed for gross misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. Her employer would either have to allow her to work that notice period and pay her as normal, or they will have to pay her in lieu of notice. She will also be entitled to receive any accrued holidays.
You can make her position redundant and use that as a further reason for the dismissal. She would not be entitled to any redundancy payment as she does not have 2 years' service.
yes you can, she does not have the required service to claim unfair dismissal
correct, employees need 2 years' continuous service to be protected against unfair dismissal
you should simply confirm her dismissal, her end date and what she is entitled to be paid
you do not even need to mention that, but if you wanted to mention it you can state that there is now a diminished requirement for employees to do her specific post and as a result she is being made redundant
I think you mean TUPE, this protects employees who transfer when the employer changes, but the same rules apply - if they have less then 2 years service they are not protected against unfair dismissal
TUPE does not apply to a share sale of a company, but even if it applied you may still dismiss the employee as she cannot claim unfair dismissal anyway
The Transfer of Undertakings (Protection of Employment) Regulations
No, it is a pretty simple process, just make sure you are not making a decision based on discriminatory grounds, for example because of her gender, race, a disability she has, etc
ok that is fine then, my earlier advice still applies
You are most welcome, all the best
you can come back to me anyway, the chat will not close even if you rate
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