Employee problem can we cut her hours ?

mysillyolddad

Hi

Friend has a small business due to caring for a family member herself she employed a manager who recently retired
Friends situation has changed and she has decided to run the business herself instead of getting another manager, and in doing so has realised that the old manager had employed 2 of her own personal friends into part time roles both of them have little previous experience in this work,both are in sales roles but both fail to make sales on a regular basis
Friend would like to do the hours herself and make the 2 underperforming people redundant

Is this legal as long as she is doing the hours herself ?

G51shopaholic

If they cant do the job then fire them

jfh7gwa

"2 underperforming people redundant"

She couldn't make them redundant as their work is still there. A role/position is redundant, not the people in the role.

If she wants to go down the competency route, fair enough, but she doesn't have the option of making them redundant (which is a process in itself) if their work still exists (although selecting employees for redundancy from a pool of candidates might take into account their performance, if you see what i mean).

jfh7gwa

OP may find this link helpful: http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1074019927 (part 2, mostly)

mysillyolddad

Thanks all

She has proof of one of them ignoring company proceedures and requests but only via the company CCTV but she believes that she can't use that in disciplinary matters ?
Or can she all staff know it's there and it works and there are signs on the exterior and interior stating that CCTV is in operation
She has already given a verbal warning for lateness to one of them (she didnt get anything signed but discussed it with the lady in question at length)
The lady assured her it wouldn't happen again but is on CCTV opening late again

My friend is terrified of getting it wrong and getting taken to a tribunal

mysillyolddad

G51shopaholic wrote: »

If they cant do the job then fire them

Not that easy though is it :-(
She hears all about employees rights but what about her's what is a good free resource

SarEl

If CCTV is openly "noticed" then it can be used.

How long have they worked there?

irenee

There are disciplinary procedures that involve things such as verbal warnings followed by written warnings in such circumstances

Other things that have to be taken into consideration are length of service, written contracts (if any) - it can be a minefield - she needs advice from professionals

I would suggest that the employer contacts ACAS for advice on procedure - they are there to advise employers as well as employees

mysillyolddad

SarEl wrote: »

If CCTV is openly "noticed" then it can be used.

How long have they worked there?

nearly 3 years part time

jfh7gwa

mysillyolddad wrote: »

Thanks all
My friend is terrified of getting it wrong and getting taken to a tribunal

mysillyolddad, your friend needs to use the many resources available to small business owners - ACAS, business link information online, or even employ legal help (e.g. if she's considering offering severence pay or something, just off the top of my head).

It's a good thing your friend wants to ensure she's going to do things the right way! If she gets all the information on how to handle the process beforehand at least she'll not be leaving herself open to any claims later down the line (which could happen if, say, she makes them redundant and they claim the role still exists - which it does).

How long have they been working there, btw? Under or over a year?

mysillyolddad

If CCTV can be used then she has enough images and info to have a meeting issue a written warning and offer a period of time to improve
Is that legal ?