Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
Had his employment officially terminated by the time you started investigating and dealing with the new issues?
Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system, giving you the opportunity to pay extra to discuss things over the phone. However, it is entirely optional and if you just ignore it and close it down you will not be charged extra and we will just continue in writing at no extra cost.
Going back to your query, regardless of the fact you had informed him he will be made redundant that can change at any time whilst he is still employed. In particular, if evidence or gross misconduct has come out, you can pursue this under your disciplinary procedure and even dismiss him with immediate effect on gross misconduct grounds before the redundancy notice was due to expire. As that gross misconduct dismissal would take priority, it would mean he gets no redundancy and no notice pay either.
The main thing is to ensure that a fair procedure is followed and that you do not rush it unnecessarily just to finalise it before his notice expires. Investigate it properly, go through the required meetings and as long as a fair procedure is followed and you have grounds to dismiss, you may do so, even if he initially was told he will be made redundant.
Does this answer your query?
Hi, the case is a useful one but as you will find, it is very fact-specific, meaning that it relied on its own unique facts to come to that decision and just because you have a similar case, it does not mean it has the same facts, especially as the employment had already ended in your case. I’m afraid it is one of those situations where only a court can decide the actual position and if it is applicable.
I wouldn’t worry too much about unfair dismissal as that is unlikely but he may still try and go after the redundancy pay. Having a meeting and outing the facts to him could prompt him to avid considering legal action, especially as the stakes are much higher for him than they are for you. However, there is no guarantee it will make a difference because in the end the decision is his to take
Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you
Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you
Hi no problem and thanks. Yes the tribunal process will hear from both sides and you will each have the opportunity to provide whatever evidence you believe is relevant to the case. Does this clarify things a bit more for you?
All the best