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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 1841
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have a small cafe which has been closed since lockdown.

Customer Question

I have a small cafe which has been closed since lockdown. All my staff are furloughed (3 who have been employed fulltime for over 2 years each, 2 others 30 hours per week less than 2 years,1 16 hours per week less than 1 year). We will not reopen as a cafe due to social distancing rules (we are tiny!). I can't seem to find any concrete advice on how to make the staff redundant, as none of the jobs will exist. Can you point me in the right direction as I don't want to do anything that will be construed as unfair dismissal. Thanks Jayne
JA: Have you discussed the termination with your HR staff? Or with a lawyer?
Customer: I am thinking a solicitor is the best option, is that what you recommend?
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: All staff are employees, no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am operating the cafe as a takeaway - just me at the moment. However, as lockdown eases, and I am getting busier, I will need someone maybe 20 hours per week to help me prepare and serve food and drinks. Am I obliged to offer this part-time work to any of the employees, and if I am, how do I choose who is to work? Can I employ a new person for 20 hours, keeping the staff on furlough till July...but then what happens after that?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ross Miller replied 2 months ago.

Hello my name is ***** ***** I will be the expert assisting you with this matter today

Please note there may be delays between messages as the experts on this website are all third party and are not on here full time.

You will also receive a request for a phone call. This is automatically generated by the website. I would be happy to facilitate a phone call with you however, do note that there will be a premium service charge should you accept this, you of course, do not have to click the phone call option.

Thank you

Expert:  Ross Miller replied 2 months ago.

Are you not going to keep any of the staff on?

Expert:  Ross Miller replied 2 months ago.

I am going to be offline for the next few hours but will pick this up this evening I hope that is ok. Please keep an eye out for my response.

Customer: replied 2 months ago.
If I said no, do I need to give a reason other than their jobs no longer exist
Expert:  Ross Miller replied 2 months ago.

Sorry for the delay. So if the portion no longer exists then you can make all of the staff redundant. If you go to the Acas website they provide information on how to do a redundancy properly, however, it would be advisable to have a third party company do this for you so that you are not discriminating or unfairly dismissing any of your employees. I would be happy to offer my professional email to give you a quote for doing this for you, but of course you can instruct anyone you want. You will have to consider if any of your employees could fill the employment rolls you have in the new structure of the business prior to making them redundant. Additionally you will have to calculate the redundancy payments you will have to make to staff including notice periods and also accrued holiday entitlement.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross

Expert:  Ross Miller replied 2 months ago.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross