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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5196
Experience:  Over 10 years experience in general legal matters
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i have a long term employee who is not productively making

Resolved Question:

I have a long term employee who is not productively making money due to decreasing clientele over the last 12-16 months. She worked full time for 20 years and aftr a maternity leave has worked part time since feb 2010. I have made her aware of the problem and said to her I would give her until Christmas to see if her taking could be improved. I then spoke to my whole team that during the next 2 months we all would be actively marketing to attract new clients and all new ideas would be welcome. This is now ongoing and everyone is doing their bit. What I need to be sure off now is if the said employee doesn't increase her clientele ,therefore her takings, have I the right to terminate her employment and if so what would she be entitled to? I haved owned my own hairdressing business for 25 years.
Submitted: 11 months ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 11 months ago.

Jenny Mackenzie :

Hello and welcome to Just Answer, does she work for you in the capacity of a hairdresser?

Customer: Yes a senior stylist
Jenny Mackenzie :

Hi I assume they are not the only hairdresser you have working for you? Are they the only person who has been losing clients?

Customer: I myself had to stop actively hairdressing 12 months ago and left a full clientele for my 2 full time and 2 part time stylists. 50% of those I left have went else where. My clients were split over all the stylists but she has been the one loosing the most , she also only works 16 hrs per week so she cannot accommodate everyone either
Jenny Mackenzie :

will you replace her?

Customer: No
Customer: Can't afford to
Jenny Mackenzie :

why do you want to let her go and not one of the other stylists?

Customer: Because the other girls work longer hours ,hav bigger client banks and bring in their weekly target takings
Jenny Mackenzie :

Ok I understand. You have to proceed with some caution otherwise you will risk the possibility of an employment tribunal. The situation you describe amounts to a redundancy situation and redundancy is a potentially fair reason for dismissal so long as you follow a fair procedure.

Jenny Mackenzie :

A fair procedure would involve putting all of the stylists at risk of redundancy and consulting with all of them as to ways of avoiding the sitaution and adopting a fair selection process which is objective. The reasons you give for selecting this stylists are sound

Jenny Mackenzie :

At the end of the consultation period you can then give notice of termination on the grounds of redundancy. She will be entitled to 12 weeks notice pay plus a redundancy payment.

Jenny Mackenzie :

You can calculate her redundancy payment using this website https://www.gov.uk/calculate-your-redundancy-pay

Jenny Mackenzie :

Given that she has long service you might find that she is entitled to a significant sum of money

Jenny Mackenzie :

If you have any further questions please ask. If I have answered your question i would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer: If she was able to reach her weekly target I could afford to keep her on ,that is why we are all working as a team to see if we can bring back some old clients and new clients to her but if it doesn't work and I don't think it will in the present economic climate plus the increasing overheads I'm paying out, I need to know where I stand legally in dismissing her
Customer: Sorry didn't see the last reply until now!!
Customer: Thank you for your time and advice
Jenny Mackenzie :

If the problem is poor performance not redundancy then you can deal with it as a performance issue instead. You will have to give her warnings over a period and the chance to improve though. You will not have to pay redundancy if you go down that route.

Jenny Mackenzie :

Please remember to rate my answer as I am not otherwise credited for my time.

Customer: Thank you
Customer: One more question if you don't mind if I give her 3 months to hit target takings an explain to her if they are not reached by the end of that given period I can dismiss her on the reason of poor performance as long as I adhere to the dismissal procedure I have set out in my salon contract?
Jenny Mackenzie :

given her length of service I think that you would need to give her a written warning if she fails to perform in the first instance. If she continues to fail to perform you will be able to give her a final written warning and then dismiss.

Jenny Mackenzie :

If you review after a month each time you will able to achieve this within 3 months.

Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5196
Experience: Over 10 years experience in general legal matters
Jenny Mackenzie and 2 other UK Law Specialists are ready to help you

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