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Clare Brass
Member - 2 posts
Hi, we have an admin assistant working in Marketing still in her probationary period - the role requires someone with a much higher skills set (the previous manager took her on - no job description). We need to replace her, but it would be unfair to follow a capability route, as it is a matter of skills set, not performance.
I'd like to dismiss on the grounds of redundancy due to restructuring - what is the best way of handling this?
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Jayn Bond - Workplace Law Network
Online advisor - 67 posts
Hi Clare
As your admin assistant is still in her probationary period, I assume that means that she is in her first 12 months of employment. You therefore can just terminate her employment with notice as regrettably the Company needs have changed but without needing to give it a label such as redundancy. She has no right to written reasons beyond a letter confirming the dates etc and the notice you are intending to pay. She is not going to be very happy and so it is probably better to dismiss on the day and pay her notice in lieu plus untaken holiday. That way she has time to find alternative employment while she still has money in the bank. As this is through no fault of hers, then you should tell her that you will supply a positive reference to any potential new employer and you may be inclined to enhance her notice pay in recognition of the situation. The only caveat to that - is beware a discrimination claim. If she might have any grounds to lodge one such as her line manager is male, or she is of an ethnic minority or she is younger, then ensure that you have kept clear records of the business reason for termination. You may also want to explore are there any other suitable roles for her in the business currently and show that you considered that even if there are none.
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