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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74453
Experience:  Qualified Employment Solicitor
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Can I make someone redundant, no, yes, no

This answer was rated:

can I make someone redundant
JA: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: no
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: yes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

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.

Please provide some more details of your circumstances.

Customer: replied 1 year ago.
employee 1 - she's is 74 been on the payroll for less than 2 years. she is taking a lot of time off due to her husbands illness and I've been paying her. but I think she won't be suitable for my. business as I need someone younger with more time and energy.
Customer: replied 1 year ago.
Employee 2 - she has fallen pregnant very early on in her employment, good staff member, good results, but im a little annoyed as she won't be able to perform and I needed her

How long has employee 2 been there for?

Customer: replied 1 year ago.
less than two years under the current Ltd Company. she used to work under me at a another company which I had no ownership of

Thank you. You can always consider redundancy if necessary although that will require you to justify there is a genuine redundancy situation first and then also that you followed a fair procedure.

Based on your comments I already see numerous issues here:

· For redundancy there must be a reduced requirement for employees to perform a specific role. If you still need the same number of people doing the job but it is a case of the person not being the right fit or not meeting the criteria you need, that is not a redundancy

· Employee 1 is likely being selected because of her age which will amount to age discrimination

· Employee 2 is likely being selected for her pregnancy, which is pregnancy discrimination

You cannot select someone for their age or pregnancy and you could be hit with an unlimited claim for discrimination and also for unfair dismissal.

However, as both have less than 2 years service and no unfair dismissal protection (unless dismissed for discrimination), you can try and find some other plausible reasons, not linked to their age or pregnancy whatsoever to justify this, but make sure it is a plausible reason rather than an obvious smokescreen for the real reasons, which are discriminatory.

Does this answer your query?

Customer: replied 1 year ago.
Thank you very much

All the best

Ben Jones and 2 other Employment Law Specialists are ready to help you