Advice pls: Employee has to go, what to do?

[EmeraldIsle81]

Hi Mumsnet
Asking on behalf of a friend.
Friend owns a small shop, only started up in February. Has a part time employee, unfortunately the shop isn't doing as well as hoped and now can't afford to keep the employee on.
How to go about terminating their employment in the nicest possible way being sure to stay within the law so to not get sued!

Any guidance will be appreciated!
Thanks very much xx

[BillHadersNewWife]

Right before Christmas? Oh dear. I don't think the employee has any rights as such...he hasn't been employed for 2 years...after 2 years there are some rights.

[Berrylove]

I think the best thing to do would be to sit them down and just be honest about the situation, let them know they’ve been a valued employee and if it were possible they would be kept on. Could even get a little sorry/thanks for you service gift

[leghairdontcare]

Serve contractual notice, agree to write good reference.

There's no reason for her to be sued based on what you've said.

[Berrylove]

I would also add to try their best to keep them on until after Christmas but let them know the situation now.

[MikeUniformMike]

The gift would be an insult.

[RoseHippy1]

She needs to call ACAS

[BillHadersNewWife]

I don't think the gift would be an insult at all! It would be nice thing to show that there was no other reason but money.

[topcat2014]

The contract will define the notice period. With just one employee there is no issue around selection. Loss of business is a valid reason to make someone redundant.

[BillHadersNewWife]

Topcat most casual, part time retail assistants don't have contracts.

[EmeraldIsle81]

This is great advice thank you all very much indeed for taking the time. Will take your advice on board, it's not a decision taken lightly will do all possible to delay until after Xmas as maybe good Xmas period sales could help!

[leghairdontcare]

Everyone has a contract, the issue is whether it's written down or not. If not, go for statutory notice which is 1 week.

[BillHadersNewWife]

Leghairs how can one have a contract if there is no physical contract?

[lookatthebabypenguin]

Except if you fire them after Christmas when they've just budgeted on the basis of having a job to clear credit cards etc in January then that's worse.

At least if they know now they can budget accordingly.

[lookatthebabypenguin]

how can one have a contract if there is no physical contract?

Because that's how the law works.

[topcat2014]

You offer me a job for 10 pounds an hour, I come to work, ergo we have entered into a contract. Other terms are deemed too

[leghairdontcare]

@BillHadersNewWife The UK constitution will blow your mind!

[HUZZAH212]

I'd have the discussion with employee to give them the heads up. If possible offer a week or so kept on to give them time to try to secure something else. Offer a very good reference. Better to try find new job pre Christmas when seasonal stuff on offer.

[misspiggy19]

Serve contractual notice, agree to write good reference.

There's no reason for her to be sued based on what you've said.

[misspiggy19]

^This. Easy as pie