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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My husband has a small business in Saffron Walden & now finds

Resolved Question:

My husband has a small business in Saffron Walden & now finds himself in a position of not being able to afford to keep on his one part-time employee.She has worked for him for 20 years plus.She is the only other employee other than my husband .Please advise of the correct procedure to make this as painless as possible.He is truly not able to continue to employ her so if there is a time scale we have to adhere to would we be able to reduce her hours during this time.Thank you so much for your anticipated advise,
Regards
Mrs Trudy Chisnall
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

Is he planning on replacing her. I do not think that this is the case but just want to clarify the position before advising?

Customer:

No I work there & have done since I retired 7 years ago with no pay!!!!!!

taratill :

Ok thanks, ***** ***** entitle to make her redundant as the need for a person to do the job has ceased or diminished so this is perfectly legal.

taratill :

He needs to invite her to a meeting to say unfortunately he can no longer employer her. She needs unfortunately to be paid notice , or asked to work notice of 12 weeks before the termination date given her length of service.

taratill :

He also needs to pay statutory redundancy pay.

taratill :

You will find a ready reckoner at https://www.gov.uk/calculate-your-redundancy-pay

taratill :

If he has difficulty paying her I would suggest he contacts the Redundancy payments Helpline. There are circumstances in which the government guarantees redundancy payment if the employer genuinely cannot pay them.

taratill :

https://www.gov.uk/redundancy-payments-helpline

taratill :

If you have any further quesitons please do ask.

Customer:

Thank you.What happens regarding the reduced hour option during that redundancy period

taratill :

Hi, you cannot really do that I'm afraid as you would have to give the same amount of notice to reduce hours as to make her redundant otherwise you are in breach of contract.

taratill :

If she agrees to work reduced hours then that would be ok but without her agreement it is not possible.

taratill :

The exception to that is if she has a written contract which allows for short time working or lay off which I think is unlikely.

Customer:

Thank you so much for your advice.I will save this for my hubby to have a look at

taratill :

No problem, do please remember to rate my answer and do come back to me in the future if you need to.

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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