Letting an employee go.

[AE82GT]

The initial message was deleted from this topic on 23 December 2013 at 21:28

[Grandfondo]

AE82GT said:

Greetings PH collective,
Very sadly I have to let a chap go in the new year, he started with me in late June 2013 but due to a number of factors, budget being the main one I simply have to let him go. Big question is where do I stand legally and what elements of this do I put in writing to him.
This guy is my only employee, he is not being replaced. I guess it could be viewed that i'm making him redundant but again how that applied under one years service is grey.


I'd appreciate responses from suitably qualified or experienced PH'ers as this is a relatively serious matter. (I am also speaking to an employment lawyer.

Many Thanks,


AE82GT

Let him work his notice or pay him his notice and any holiday entitlement and wish him luck!

[Some Gump]

I'm assuming you keep him in a cage.
When releasing a caged animal, there is always a risk they may go beserk.
Personally, i'd open the cage remotely using a rope, and have the open end facing away from me. Keep a tranquiliser gun handy in order to ktigate the worst case scenario,
On order to make sure you're safe from the tax man, file a p45 as normal.

[northandy]

Getting proper advice is good.

In a nutshell though you will be required to pay them notice pay (whatever you agreed to in e contract) whether you make them work or pay them in lieu is up to you, you sound reasonable so maybe give them the pay in lieu so they can get job hunting. Anything above that is up to you.

As it's 2 years now without fear of unfair dismissal (that doesn't apply for sexual harassment, racial or disability discrimination), I'd state only what you need to in the letter, unforeseen business circumstances kinda thing.

Wish them well.

[Terminator X]

Before 2 years is up people can be let go for almost any reason except discrimination of course. Keep it simple imho and let them work out their notice.

TX.

[Siscar]

Yes, give them their notice or pay in lieu.

Minor point but don't use 'let go', that implies they want to leave and you are letting them, that's not really what is happening and will tend to irritate.

[blindswelledrat]

Siscar said:

Yes, give them their notice or pay in lieu.

Minor point but don't use 'let go', that implies they want to leave and you are letting them, that's not really what is happening and will tend to irritate.

What nonsense. Just about everyone in the entire world understands that the phrase "I'm sorry but Im going to have to let you go" has one very clear meaning and is a politely worded way of telling someone.

[edc]

Budget / cost reduction is a valid reason for redundancy. In practical terms it makes little difference here as the length of service gives no entitlement to redundancy pay, unless you have a particularly generous company based scheme or policy.

[Siscar]

blindswelledrat said:

Siscar said:

Yes, give them their notice or pay in lieu.

Minor point but don't use 'let go', that implies they want to leave and you are letting them, that's not really what is happening and will tend to irritate.

What nonsense. Just about everyone in the entire world understands that the phrase "I'm sorry but Im going to have to let you go" has one very clear meaning and is a politely worded way of telling someone.

So unlike me you haven't heard people rant on about it then. It's never been a phrase I've used for the simple reason that in a role some time ago I was exposed to this type of situation a number of times and it irritated the people involved more times than not.

[Engineer1]

If his work is good and you would employ him again if the work picked up let him know, If there is no work let him know early as well on the one hand it could knacker up christmas on the other he could be spending on a credit card safe in the knowledge that after christmas he can pay it off.

[blindswelledrat]

Siscar said:

So unlike me you haven't heard people rant on about it then. It's never been a phrase I've used for the simple reason that in a role some time ago I was exposed to this type of situation a number of times and it irritated the people involved more times than not.

AE82GT said:

the term "Letting him go" was obviously not one i'd use but one which the PH collective would identify with.

I retract my contempt! Apologies. Im clearly in the minority
I have "let people go" forever and nobody has ever said anything negative about it and I'd be pretty indifferent at what I consider to be pettiness if they did.
BSR: Sorry, we are going to have to let you go
Employee: Let me go? AS though I want to go? That's a bit rich
BSR: Okay, apologies. Let me rephrase: You are sacked because you are st. Does that sit any better?

[Grandfondo]

blindswelledrat said:

Siscar said:

So unlike me you haven't heard people rant on about it then. It's never been a phrase I've used for the simple reason that in a role some time ago I was exposed to this type of situation a number of times and it irritated the people involved more times than not.

AE82GT said:

the term "Letting him go" was obviously not one i'd use but one which the PH collective would identify with.

I retract my contempt! Apologies. Im clearly in the minority
I have "let people go" forever and nobody has ever said anything negative about it and I'd be pretty indifferent at what I consider to be pettiness if they did.
BSR: Sorry, we are going to have to let you go


Employee: Let me go? AS though I want to go? That's a bit rich
BSR: Okay, apologies. Let me rephrase: You are sacked because you are st. Does that sit any better?

I just "let someone go" and they pushed and pushed for a reason.

They didn't like the answer!

[davepoth]

AE82GT said:

Thank you for your constructive feedback, I posted this on here because PH is mainly frequented by senior professionals and business owners hence asking for casual advice.

the term "Letting him go" was obviously not one i'd use but one which the PH collective would identify with.

Thanks again chaps.

Since he's your only employee I imagine the situation is pretty obvious to him anyway. Try not to dress it up in HR bullst when you speak to him, that wouldn't be fair.

Also, don't tell him tomorrow.

[KFC]

AE82GT said:

Thanks chaps.
I'm leaving it to the new year.

You really should tell him immediately - st timing or not.

If you already know he's 100% out of a job, its extremely unfair to let him blow money partying over xmas and new year when he thinks there are more pay cheques coming and you already know there isn't.

[Terminator X]

And ruin his Xmas, you're a heartless bd KFC

TX.

[Zeeky]

OP, did you give employee a written statement of employment terms?

http://www.acas.org.uk/index.aspx?articleid=3970

It's worth doing not just because it is a statutory requirement but also because a failure to do so may lead to Tribunal claim that could result in an award of 2-4 weeks gross pay. There isn't a 2 year qualifying period for this type of claim.

[mr_spock]

If you make him redundant, any pay you give him as redundancy pay (except contractual PILON) may be tax free for him which would be a nice thing to do. Also, it may make his life easier at the Job Centre if he has to sign on, and for interviewing for new jobs.

If it won't cost you any more, I'd make it a redundancy.

[2 sMoKiN bArReLs]

Terminator X said:

And ruin his Xmas, you're a heartless bd KFC

TX.

That's one view. Other is soonest is best, and also might just prevent guy running up bills won't be able to pay later.

Generally speaking, soonest is best. (I've sacked/made redundant maybe 700/800 people over the years)

[KFC]

2 sMoKiN bArReLs said:

That's one view. Other is soonest is best, and also might just prevent guy running up bills won't be able to pay later.

Generally speaking, soonest is best. (I've sacked/made redundant maybe 700/800 people over the years)

If you're worried about ruining his Christmas, why not tell him you're taking on 10 new staff, making him a supervisor and giving him a 50% pay rise? He'll have the best Christmas ever

In all serious it really is awful for someone to lose their job at any time of the year let alone on Christmas eve... but he might have a couple of presents bought for someone that unwrapped and unopened today. Getting them swiftly returned to a shop for a refund could be the difference between him being able to pay the rent in February.

Honestly, you owe it to him to tell him immediately and let him tone down the spending over the holiday period if he wants/has to. You're NOT doing him any favours at all by hiding the truth and letting him dig himself further into a hole.

[Grandfondo]

Think of it another way, if he was to get another job do you think he would give a fk about ruining YOUR Xmas?