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Topic Title: Making an employee redundant
Topic Summary: What's the proceedure please
Created On: 26 June 2009 12:00 AM
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 26 June 2009 12:00 AM
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ady1

Posts: 762
Joined: 19 April 2005

Hello,
I wish to sack my apprentice, for a whole load of reasons, but as i am basically a sole trader, i maybe haven't followed all the correct proceedures required to be able to sack him.
It appears that it would be better for all if i made him redundant instead, as i am also rather slack at the moment.
Do you agree with my thinking and what is the proceedure please ....?
2 weeks notice ?
holiday entitlement ?
etc etc ?

thanks
Ady

-------------------------
Resistance is futile.
 26 June 2009 09:39 AM
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amillar

Posts: 1918
Joined: 28 May 2002

To make him redundant you need to be really sure that you haven't got work for him to do: if you make him redundant and then immediately take on someone alse to do the same work he may have a case for unfair dismissal.

You may find some useful advice here: http://www.businessballs.com/e...tionletterssamples.htm here: http://www.redundancyexpert.co...ry-redundancy-pay.html and particularly here: http://www.businesslink.gov.uk

If you want to fire him you need to give clear reasons and, unless he has been 'grossly negligent' (e.g. nearly killed a customer or stolen company money), give him a clear chance to improve which would normally involve verbal and written warnings.

-------------------------
Andy Millar CEng MIET CMgr MCMI

http://www.linkedin.com/in/millarandy

"The aim of argument, or of discussion, should not be victory, but progress." Joseph Joubert
 26 June 2009 07:35 PM
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ady1

Posts: 762
Joined: 19 April 2005

Thanks Amillar
Thats good solid advice and thanks also for the links.
I have done the written and verbal warnings and yes he is a danger to the public and himself.
It is also true however that i have gone very slack at work, the order book is nigh on empty and i will be strugling to pay his wages. It also seems a much kinder thing to do to him, as he's a nice lad and i do wish him well.

I'm always on the 'wiring and regulations' forum, but it's nice to be able to pop on this one and recieve some helpful advice.
Thanks

Ady

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Resistance is futile.
 26 June 2009 10:32 PM
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amillar

Posts: 1918
Joined: 28 May 2002

Horrible position - and sadly not unusual. Good luck!

-------------------------
Andy Millar CEng MIET CMgr MCMI

http://www.linkedin.com/in/millarandy

"The aim of argument, or of discussion, should not be victory, but progress." Joseph Joubert
 01 August 2009 07:32 AM
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dazzler143

Posts: 1
Joined: 01 August 2009

Even where redundancy is the genuine reason for dismissal, employers must follow a set of procedures to ensure a fair and reasonable process.
Explore all options, for example job sharing, unpaid sabbaticals etc, to ensure redundancy is the last option.
. Give advance warning - as much as possible.
. Conduct a meaningful and proper redundancy consultation.

Good luck.

Edited to remove links

Edited: 01 August 2009 at 10:45 AM by IET Moderator
 12 August 2009 06:44 PM
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ady1

Posts: 762
Joined: 19 April 2005

Thanks Dazzler
And welcome to the site, i see.
I made him redundant a month ago and we researched all the correct proceedure and did it.
He's still out of work but their is no hard feelings between us... which is good because i still see him a lot as he lives down my street.

Ady

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Resistance is futile.
 13 August 2009 04:37 AM
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wclegg

Posts: 1
Joined: 13 August 2009

Its always difficult dismissing an employee. I always try to put myself in their shoes and treat them as I would want to be treated.


wclegg.
 28 January 2010 08:44 PM
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kgrocock

Posts: 2
Joined: 25 July 2008

OK - So what if you have a lot of employees to "remove" - I believe it is common practice to issue a 188 notice. Does anyone know what the consequences of not issuing such a notice are?
 29 January 2010 09:18 PM
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dlane

Posts: 685
Joined: 28 September 2007

A Section 188 notice comes under the Trade Union and Labour Relations (Consolidation) Act 1992. You would need to consult with that document to find out under what circumstances the notice must be issued.

The act is a law passed by Parliament so to breach it would suffer the relevant consequences of breaking any law. As already mentioned by Andy above anybody who is found to have been made unlawfully redundant by a tribunal is automatically awarded unfair dismissal.

I would suggest you speak to an employment solicitor, ACAS or a full time Union Official.

Kind regards

Donald Lane
 04 February 2010 02:26 PM
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carolinelaw20

Posts: 1
Joined: 04 February 2010

You did not say how long you had employed him. If it's less than 1 year you don't need to give a reason to fire him.
 07 February 2010 09:45 PM
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johnnmann

Posts: 53
Joined: 18 October 2006

Originally posted by: carolinelaw20

You did not say how long you had employed him. If it's less than 1 year you don't need to give a reason to fire him.


Indeed not, but a pretty despicable thing to do.
 08 February 2010 01:07 AM
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paulskyrme

Posts: 736
Joined: 12 February 2003

Try being an employer in the current economic climate and you may have a different take on the situation!
Paul
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