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Legal matters

HELP, I want a witness

8 replies

delusional · 30/08/2010 20:06

I am the sole employer of a single member of staff (parent and nanny). I am making my nanny redundant as my children are starting full time school. The news has not gone down well. I want to take a non-family member with me to our next meeting as I am concerned that the meeting will not be fairly represented by my employee. She already acused me of things I have not done/said. She has refused to allow this. Do I have the right to take someone with me? HELP

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nannynick · 30/08/2010 20:30

The employee has the right to take someone with them... but not sure about the Employer.

Not quite sure why you are having another meeting about it. You have 1 employee... so you only have one person to select. You have a contract with them, which means they will be given a notice period. If they have been with you over 2 years, then they will get redundancy pay.
You have informed them that they are at risk of being made redundant and there isn't any alternative job available. So the next stage is to formally give them written notice of that decision... isn't it?

She already acused me of things I have not done/said.
How is that connected? You are following procedure for making someone redundant... nothing she can do to stop that process.

Perhaps speak with the ACAS Helpline tomorrow and see if they can be of any help.

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delusional · 30/08/2010 20:54

I was told the correct procedure was to
1)inform in writing that they are at risk (check)
2)include in that the option for a dicussion two weeks later (that's the issue)
3)formal letter within notice period (due in three weeks or so)
4)Cough up the redundancy pay (no question that will be done)

Since the original letter we have has a lots for communication via letter but she has requested the "two week" discussion. I am at a loss as to know why as there is little to discuss as far as I can see. I do not want to have this discussion without representation due to the history of unfounded accusations agianst me.

All I want it to do the correct thing and act in accordance with the law whilst also remaining sensitive to her needs and wishes. She wants me to take a member of my family instead but I purposely did not suggest that for fear of being seen to put her under too much pressure. Not sure if a famliy member is regarded as an appopropriate witness either.

I wish I new what it is she wants. I feel like I'm being cornered...

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nannynick · 30/08/2010 21:03

So she's happy you having a family member, just not someone else?


With luck someone else will spot this thread and be able to give you advice.

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delusional · 30/08/2010 21:21

Yes, it's odd. I am happy to oblige anything she wants but I also don't want to leave myself open if using a family member turns out to be wrong thing to do. Thanks so much for your support. I will certainly call ACAS tomorrow.

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msripley · 30/08/2010 21:55

Suggest you post on employment issues too if you haven't already done so.

Good luck!

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delusional · 31/08/2010 10:14

Nannynick:thanks for the advice to call ACAS. They were very helpful indeed. I learnt some interesting things which I thought others may find useful.

I am most certianly entitled to take a representative of my choice.

It turns out that she does NOT have the right to do the same unless
1)it is a union rep OR
2)it is a co-worker (which obviously she doesn't have being the sole employee).

I have not intention of preventing her from bringing anyone. I have nothing ot hide and I'm not sure what her issue is anyway. Thanks for the advice

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LucindaCarlisle · 01/09/2010 20:32

I understand your feelings on this, but you should phrase it differently, IMHO.

Dont say that you want a "witness" say that you want an "adviser" it sounds better dont you think?

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delusional · 02/09/2010 14:13

Actually, no! I want purely a witness to the conversation. I don't want that witness to participate, adivse or pass oppinion. I just want another independent record of events.

I have perhaps asked for advice through this website but it relates to my desire for a WITNESS.

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