Help with redundancy

[fucketyfuckwit]

I run a small business. I have 2 members of staff.

One employee told me that he was going to leave and that he was looking for a new job. Fine, no problem for me. Some performance issues so happy for this to come to a natural end etc. He is actively looking for another job.

Because of this I took on a new member of staff. It takes about 6 months to train to do this work so I couldn't wait until I received the aforementioned employees 1 month notice.

I wanted 4 months before I took on someone else.

Now 14 months later this first person is still hanging on. The newer employee is doing a slightly different role as they have a slightly different skill set and brings other things to the team.

Work has gone quiet and I really need to let the first one go.

Spoke with ACAS, and apparently I can only make them redundant if their role no longer exists, the business is closing down or if the place of work has changed. None of which applies.

I can't afford to employ them both through the quiet months. I will go bankrupt!!

Any advice?

You are allowed to decide that you no longer need two people and will therefore be removing one role. Then that role will no longer exist.

Assuming the work they do overlaps significantly, which it sounds like it does as you brought in the second one to replace the guest one, you’d need to do a fair selection process to determine which of them to keep and which to make redundant. You can’t just make employee one redundant because he indicated in the past that he’d like to leave.

As per above.

The selection process can either be paper based (score points based on things like sickness, any disciplinaries, etc) but you'd need to have kept meticulous records of this.

Or you ask them both to re-apply for the one role that's left. Again, make sure you keep records and a good note of how you make the decision.

If I was you I'd take the second option....if the first person is already looking around they may not want to reapply for their role and it could be the push they need to move on to something else anyway.

Thanks for the info. Yes, that's a good point that if I only need one then the 2nd role no longer exists.

Any advice on asking them to reapply? Do I go through a normal interview? Work based questions etc?

I obviously need to prove who got the job and why. Can I set a test?

If the first employee wishes not to apply does their employment end?

Have a look at ACAS - it has good advice for employers as well as employees

@fucketyfuckwit

Thanks for the info. Yes, that's a good point that if I only need one then the 2nd role no longer exists.

Any advice on asking them to reapply? Do I go through a normal interview? Work based questions etc?

I obviously need to prove who got the job and why. Can I set a test?

If the first employee wishes not to apply does their employment end?

If the first employee wishes not to apply does their employment end?

No their employment does not end unless they resign or you make them redundant.