Small business redundancy/dismissal?

Claire76_2

Hi guys. I am new to this site so please bear with me! :hello:

My Father-in-Law runs a very small company which includes himself, my Husband and a young lad. This young lad has been working with them since January this year.

The business is currently struggling for money and the young lad has been sick off work for the past 3 weeks. It also looks like he will be off for several weeks yet.

He cannot afford to keep this lad much longer or the business will go bust, my husband cannot do the manual work on his own so they're turning work down.

If he dismisses him will he get done for unfair dissmissal? What are the legalities of all this? Could he make him redundant whilst on sick by going down the route of last in first out? What about Lay offs?

Can anyone help, Please.

Claire.

fengirl_2

As the lad has worked there for less than a year, he can be dismissed for any reason, apart from reasons to do with discrimination. So, if he is disabled, or of a different race or religion from the company owner, he could claim discrimination on these grounds.
If there is no money to pay him, then he can be made redundant, it would have the same outocme in that he wouldnt be entitled to redundancy pay.
Short term lay-offs have to be negotiated with the employee.
The ACAS website and helpline are both excellent in this regard.

markandkate

The young lad can be dismissed for reason of capabiilty as he is not fit to do the job. the question of redundancy is then not an issue. As previous post says he can be dismissed unless there is any discrimination without any re course to a tribunal with less than one years service