FACING DISMISSAL OR REDUNDANCY?

Harsha Moore, employment law expert, offers advice....

Recently I have had some enquiries from clients who have been told that their performance is poor or bordering on unsatisfactory. They tell me this is untrue and instead is a way of pushing them out of the job without paying redundancy pay.

So what is redundancy? Redundancy is when the position that you are in is to be deleted or, if more than one person is doing the job, fewer people will be doing the work.

What is dismissal? Often clients are under the impression that ‘dismissal’ means termination of employment for something that they have done wrong. This is not the case. Dismissal simply means that your employer has terminated your employment. It could be because someone has done something ‘wrong’ or because their fixed term contract has come to an end, or because they have reached retirement age, or because they have been made redundant.

One client informed me that they were being made redundant. However, on discussing the issues it seemed that the person was unfairly chosen for redundancy because the job still existed - it was clearly a redundancy situation as the numbers of people doing that job were being cut. The employer had decided to terminate this client’s employment without following a redundancy procedure. This was challenged and a compromise agreement was reached.

If you have any employment enquiries as an employee, or are an employer and want to manage your staff team without leaving yourself open to legal claims, please call Harsha Moore at Addison Oliver Moore Solicitors on 01923 238 427 or email harsha@olivermooresolicitors.co.uk Based in Watford High Street

Areas of practice: Employment, Education, Discrimination, Mental Health, Mental Capacity, Civil Litigation, Property including Landlord and Tenant, Family and Immigration

Addison Oliver Moore Solicitors LLP,
_{Parade House, 135 The Parade, High Street, Watford WD17 1NA
Addison Oliver Moore Solicitors LLP is regulated by the Solicitors Regulation Authority}

This article was created on Wednesday, 30th June 2010. It was last tinkered with on Tuesday, 20th July 2010.

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