Ask an UK Law Question, Get an Answer ASAP!
Thank you for your inquiry. If the other doctor is employed by the partnership (as opposed to being a partner of the practice) then if you are to make him redundant you may have to pay him a redundancy payment if he meets the criteria laid down in statute. They same criteria would obviously apply to the doctor's wife.
The criteria to be eligible for a redundancy pay are:-
1) The person must be employed
2) The person must have been dismissed (ie. contract terminated by the partnership)
3) The person must have been continuously employed for at least two years
4) The person must be over the age of 20 at the date of dismissal
5) The person must have been dismissed by reason of redundancy.
In your case the particular type of redundancy is called "job redundancy".
Provided a person meets the above criteria they will be entitled to a statutory redundancy payment under s163 of Employment Rights Act 1996. This can be calculated easily by the following calculator: http://www.direct.gov.uk/redundancy.dsb
If either of the employees' contracts provide for a more generous redundancy payment then you would be bound by the term of the contract.
I note you say her performance has been poor. In other circumstances you may have been able to avoid making a redundancy payment by dismissing her on the ground of either capability or misconduct, however as an employer the practice would have had to have followed disciplinary and dismissal procedures in order avoid a claim for unfair dismissal. On the facts (ie. that the partnership would appear to be coming to an end at the end of the month) this would not appear to be an option for you.
If this has been useful please kindly click "accept". If you have any follow-up questions please do not hesitate to ask.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).