Employment Law

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    Employment Law

    Hi
    I'd like to end the employment of the estate agency manager that i have in place
    It's time for a change
    Is it acceptable to give him a certain amount of notice and we can move on?
    He's been here for 5 years, is 5 weeks notice, 5 weeks pay and leave acceptable?
    If not, let me know what is
    In what instances like these would employees consider taking action that leads to a tribunal?
    I've read about these stories and wish to avoid this
    Thanks & much appreciated

    #2
    I think you should start by reading this: https://www.gov.uk/dismiss-staff

    I'm no expert, but if your only reason to dismiss an employee is "it's time for a change" you're likely going to end up in a tribunal.
    Consult an employment solicitor.

    Comment


      #3
      The good news is that Dave changed the rules & employment tribunal fees are much larger than they used to be...

      How much notice& payment?? Well, I can't read his contract of employment from here - can you tell us what it says there??

      He's been there 2 years - he, quite rightly, has substantial rights...

      Is he in a trade union??

      See here..
      http://www.adviceguide.org.uk/englan...dundancy_e.htm

      & here..
      http://www.adviceguide.org.uk/englan.../dismissal.htm
      & here..
      http://www.adviceguide.org.uk/englan...uly_2013_e.htm
      & here..
      http://www.acas.org.uk/index.aspx?articleid=4669

      Done any training in Employment law??

      How do you think your other staff will react when they see a loyal & long-serving colleague being fired for no reason at all??

      Cheers!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        its time for a change, time to spring clean the staff, eh?

        C'mon Evergreen as an employer this sort of attitude is the first step to bankruptcy when they do, rightly, take you to a tribunal. Especially when your email address is available on the forum.

        I fully understand that sometimes people who you once wanted are no longer sliced bread,no longer what you need or are coasting or in the way or just holding you back. If there is something in the organisation or an approach that needs to be changed or done, or as a manager to come up with initiatives, assuming that's their job, then its up to you as employer and owner to make that clear and make them understand that that is what is expected of them.

        Create plans and options, consult( if required) and discuss, deploy, target and manage, simples.

        And if they don't pass muster then that is the time you have a proper basis to deal with their performance.

        Time for change, please.....
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          Thank you for the constructive feedback
          Let me do some research before replying in depth to your points
          Just out of interest, if a company is liquidating, what gain does the employee have to go to tribunal?
          Where would the funds come from if the company doesn't have any funds?
          Can the directors be personally liable?
          Many thanks, have a nice evening!

          Comment


            #6
            If you are liquidating the company then you'll have no staff at all- the post doest make sense.

            Perhaps you might be better of on another employment site, once you have made your mind up about what you are doing.


            Confused.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment


              #7
              Try posting on Redundancy Forum. They have a section for employers.

              Comment


                #8
                Please let me know which employment site/ blogs i could also look at
                I'd like to learn as much as possible about the subject
                My point is, can directors be personally liable for employment issues? Or does the company take the brunt soley?
                Anyone can liquidate a company and start afresh, nothing wrong with that

                Comment


                  #9
                  Originally posted by Evergreen View Post
                  ...
                  Anyone can liquidate a company and start afresh, nothing wrong with that
                  Morality??? British values of decency, fair-play, "my word is my bond"???
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    Ok now it makes sense you are asking that if you lost, would the employer the company be able to liquidate itself to avoid paying out. Well in theory yes, though restarting with existing offices staff and other contracts, not to mention goodwill, might be hard to recover, especially in the EA business.

                    Directors can have a personal liability for any criminal proceedings and if the Manager can in turn argue that discussions agreement s or actions between you and them were personal or direct and not on behalf of the company.

                    My quick outline is the advice that you will get from most lawyers or HR consultants.
                    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                    Comment


                      #11
                      Originally posted by theartfullodger View Post
                      Morality??? British values of decency, fair-play, "my word is my bond"???
                      Like so much artfull that doesn't mean a lot anymore.
                      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                      Comment

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