business of 3, 1 to go is consultation essential?

Hi
I have a business where i have 2 employees who have both been with me 3 years. I need to let go of one quick as the business is in financial trouble. As it is a sales environment it is easy to make a case for the stronger biller staying but I would need to put the other immediately onto garden leave due to the nature of the work. Do i need to have consultation as there are no other options to discuss i need to do this ASAP?
I was hoping to let her know she is being made redundant then put her on a months garden leave followed by stat redundancy pay. Is that allowed?

Hello consultation is essential to avoid unfair dismissal as you have 2 members of staff doing the same or similar job and you should not make a decision before hand. Whilst I appreciate that you need to do this quickly it should not be rushed but can be done in a couple of weeks. A fair selection should be reasonable fair non discriminatory. Your selection criteria should consist of more than one element.

We can assist and provide insurance to protect against a claim if you follow our advice.

Regards

Iain Lock
Q&A Law

But i don't, it is the role that is being made redundant. to explain, the business is recruitment. The temporary consultant is no longer viable as we have no temporary business. There is nothing to consult on as it would be going through the motions as there is no business there as it has diminished.

the other thing is, being in a sales environment, i would generally let her go then put her straight on garden leave for the duration of notice. If i do have to go through consultation, even though there is no pool to select from, i would be unhappy having someone in sales remaining in the branch.

I see, that makes more sense. You also have to consider a similar job. Can she do another job, for instance if there is a permanent section she could argue that that she could do that job as she has experience in it. If she is not able to do so then no problem. Check to see if her contract allows you to place her on garden leave. If not you could pay her in lee of notice.

Iain Lock