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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long has she worked there for?
Good morning, if you wanted to ‘convert’ this person from being an employee to self employed, than that will actually amount to a dismissal in law and as she has the required service to be protected against unfair dismissal you must ensure that you have a fair reason for doing so and also follow a fair procedure.
If you no longer require employees to do work of a particular kind for you then that will most likely amount to a redundancy situation. It means you must adopt a redundancy procedure, follow it and then dismiss her on grounds of redundancy, which would also mean paying her a redundancy payment.
When you decide that you no longer need her you can write to her and advise her that she is placed at risk of redundancy and that he will now be taken through a consultation period and f at the end of it the redundancy is still required, she can be made redundant. Then the consultation period is actually you holding a couple of meetings with her, discussing the reasons for the redundancy, whether it can be avoided, discussing any options that may exist in terms of other employment with you that can keep her in a job and so on.
If at the end of the consultation it is still evident that she must be made redundant then you can issue her with a formal notice of dismissal, as per her contract, which cannot be less than a week for every full year she has worked for you, so around 11 weeks’ notice. You can time the redundancy process so that you issue her with the notice and ask her to work it all the way up to the time he is no longer needed; or you can give her the notice and pay her for it, without asking her to work the time.
You also need to pay her a redundancy payment, which you can calculate here: