Redundancy

Tractorgirl

Member
Mixed Farmer
At what point would one discuss the likelihood of redundancy due to retirement with the employees? A friend of mine had to do this and part of the deal was cheap or little rent on the tied houses for a period following reduncy. The employer felt it important to ease the process, particularly as the employees were quite long standing.
We already decided that they could stay in the houses as unless we decide to sell then that seemed the fairest option, we really don’t want to have to do this after so many years but because we have to as you say we want to be as fair as possible and as easy as possible for them as well.
 

Hooby Farmer

Member
Livestock Farmer
Location
roe valley
A friend of mines boss was made redundant due a management reshuffle he took the voluntary redundancy package. £470k and a car for three years. He was there since he was 16 and was the last person to get the "old contract" they had assumed he was on the newer one like everyone else. 53 retired had two weeks holiday walked into the same job for another company with more money. Mad.
 

ewald

Member
Arable Farmer
Location
Mid-Lincs
How employable are they? Makes no difference legally, but you will feel a lot happier if they get fixed up with new jobs (especially if they are still living on the farm)
 

Stewart Setter

Member
Mixed Farmer
Location
Suffolk, UK

If the members concerned have been working for you for 20 years and they are not skilled, perhaps you consider getting them up-skilled and with a view of taking on the roles you want to wind back from.
 

thesilentone

Member
Livestock Farmer
Location
Cumbria
I would advise your staff of your intentions confidentially, they may gain alternative employment in advance, so no need to pay out redundancy.
 

Tractorgirl

Member
Mixed Farmer
Point of clarification - you don’t make a person redundant, you make a role redundant. If the work is still being done by another person, then you haven’t made anything redundant and you’re unfairly dismissing the person.

Get advice, and do
I find it hard to believe that your workers are "unskilled"
The problem is that neither of them want to work with computers or anything “new”. The job we would be looking to contract out is the sowing which neither of them want to do!
 

Chris F

Staff Member
Media
Location
Hammerwich
You don;t need a solicitor, you need a specialist HR company to deal with the process if you have no internal skills or processes in place.

@Anthony Sutton (of Cream HR) has written some employment articles on here and is a specialist in HR. Worth a DM or call for sure and can manage the whole thing for you.
 

Chickcatcher

Member
Mixed Farmer
Location
SG9
Am I correct it saying that if you make an employee redundant and they live in a tied residence they have a right to a life times occupation and it can take many years to raise the rental value unless they are already paying an upto date rental price for the property?
 

SRRC

Member
Location
West Somerset
Am I correct it saying that if you make an employee redundant and they live in a tied residence they have a right to a life times occupation and it can take many years to raise the rental value unless they are already paying an upto date rental price for the property?
No.
It depends on what's set out in their contract of employment, it's unlikely to grant this.
Tractorgirl.....good advice above, there's also ACAS and the various small business associations. Your employees should have a contract of employment, many will detail the redundancy procedures.
 
I would advise your staff of your intentions confidentially, they may gain alternative employment in advance, so no need to pay out redundancy.
Rarely works like that with long serving employees. As soon as employees realise that they are entitled to up to £15,750 redundancy pay they tend to hang to the end for dear life.

There is an expectations that employers enter into "meaningful consultation" with employees about potential redundancy situations and if everything goes wrong any talk of 'confidential' discussions is frowned upon by Employment Tribunals.

@Tractorgirl
Don't automatically assume that it is a potential redundancy situation.
Definitely talk to your Adviser about that neither of the workers are prepared to take on the sowing jobs. An employee can't just decide the new work isn't for them and opt for redundancy (pay), if you offer them "suitable alternative" work and they refuse it they effectively forego the right to redundancy (pay).
It may not even be a redundancy situation, from what you have said TUPE may apply under the "service provision change" criteria.

As others have said; get specialist advice (may even be cheaper that a Solicitor and likely to be more suited to your circumstances)
 

ste

Member
Livestock Farmer
Location
Derbyshire
As has been said, get professional advice.

I have been on the receiving end of this recently, although not made redundant in the end, the process was a long drawn out job with very little info coming our way (more because our firm out source HR and couldn't get it right). Find a firm that specialise in redundancy not a general solicitor. Have open discussions with the workers and minute everything, giving them copies afterwards. Don't try and do it on the cheap as it will bite you later as my ex employer is now finding out as 2 of the lads are taking it further!!

As I said I was kept on, but 2 weeks later put my notice in as I had found a better job elsewhere and could only see my ex employer heading 1 way
 

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