Legal Question in Employment Law in United Kingdom
Redundancy
I am the human resource manager of a small business, we have installed a new computer system and our office manager who has been with us for 3 years refuses to try to use it. we have informed him that if he does not try then we will dismiss him, he says that he will be entitled to redundancy payment if we try to dismiss him,where do we stand? Also we are trying to cut down in another area of the business and one of our employees fears she will be chosen for redundancy as she does not get along with the line manager, what can we do to show her that it will be a fair decision?
1 Answer from Attorneys
Re: Redundancy
The refusal to work with the a new computer system is a disciplinary matter that could justify dismissal. If you are justified in dismissing then no redundancy payment could be claimed.
You should not dismiss however unless you have gone through a formal enquiry and discipline procedure. This enquiry may well indicate that there are other reasons for the employee�s concerns e.g. training which you may then need to address as Employers. If your management will not let you take formal legal advice on how to proceed you should contact ACAS and also look at their codes of practice. If you follow these correctly you will be in a much stronger position to justify dismissal if the employee complains to an Employment tribunal.
You may need to formulate a selection policy for future redundancies and if the policy is clear then hopefully it will help those who are outside the criteria to feel secure
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