Need some direction/advice here, please.
I had to temp lay my employees off due to covid 19. During that time my business lease expired and I am currently trying to source new premises. Easier said than done as with pandemic supports most businesses are holding on to their premises until support is withdrawn. It leaves me with a business without a premise's.
Anyway-nearly all of my employees-bar 1-are with me for less than 2 years-so redundancy does not arise. Most resigned to go home (Brazil). One remains. he is with me 3.25 years. He is entitled to redundancy-and there's the rub.
I, as a rule, have no issue complying. I have done it before. Where redundancy arises I pay. I find myself in unfamiliar territory here though. I know this person-he lives in close proximity to me!
Bar the first month of Covid 19 restrictions/lockdown he has been consistently working and claiming covid 19 payments. He is currently working in no less than 3 jobs and claiming. He has also requested redundancy from me.
I have sought legal advice and I know, as per law, I should pay him his redundancy. I was also advised by my solicitor to report him.
I don't want to do that it goes against everything I believe not to-but he has a wife and kids and I cannot hurt them. I also cannot stomach paying someone who has abused the system so much.
I find myself in a difficult moral and legal situation and I would love some impartial advice here.
As I have watched him daily go to and from work I cannot separate emotion from my thinking. As an employer, however, that is what I need to do.
Do I confront him and seek an amicable agreement? I detest paying someone who has been so free and easy being openly fraudulent.
I really don't know what to do.
Any direction is appreciated.
What is your business, can you call his bluff and ask him to WFH?
Just tell him that you assumed he had left as he was now working at X y and z and that revenue have informed you that no redundancy is owed in this scenario.
Honestly, for your sake, stop thinking emotionally and pay him the redundancy if he is entitled to it. Anything otherwise is out of the question.
Separately you should report him for the other stuff.
Dont muddle the 2 issues.
Negotiate the payment down - due to the climate your cashflow is terrible, if he is uncooperative then bring up what he is doing and then I'm sure he will become cooperative!
" he is with me 3.25 years. He is entitled to redundancy-"
Honestly OP I think you know yourself that you are being underhanded. This person gave you over 3 years of effort and this is how you repay them ???
One would presume the Op paid this person while they were working for them.
OP. Don't pay any redundancy. it is highly unlikely this person will pursue you legally, as they would be opening themselves up to all sorts of pain.
it is the OP's words 'He is entitled to redundancy'.
I can see what you're saying , still, I would advise to pay what you owe.
Your legal and moral obligations are two different things here, Do not get them confused.
You say he is entitled to redundancy, You also said that your solicitor said to pay him his redundancy. This is your legal responsibility. Don't listen to people on the internet, listen to the legal advice you received from the person you paid for legal advice.
For your moral side of things, It's up to you if you want to report him, It's tax money that is coming from your pocket and he's not helping out by not paying tax on his other jobs.
Firstly - You have to be selfish here and do what is best for you..... but also, you have to openminded so that you can clearly see what is best for you. Leave the emotion out of it.
What is best for you is to get this off your plate as fast as possible so that you can move on. You have to pay him redundancy. You said it yourself, you know you have to do it. Kick the process off to get it done and do it. Once you have it done, move on and put your energy where it is best spent for yourself. Looking for a new premises and anything else you have to do to get the show back on the road. Every second that you spend mulling/thinking over this is a complete waste of your time and energy.
Under no circumstances whatsoever, should you approach him to try and negotiate down the payment based on the fact that you know that he was working. This essentially boils down to blackmail. You are asking him to let you off your legal duty of paying his redundancy or else you will report him for breaking the law. You are in a really murky world there.
If you want to report him after paying the redundancy, that's on you. But I would strongly advise against it. Not because I give a sh1t about him... but because it is a waste of your time and energy.
In summary, pay him the minimum that you owe him, then immediately forget about him and move on with more important things for you and your business.
Excellent advice from @BnB
You're responsible for what you do, not for what others have done or are doing.
Get it off your plate as quickly as possible, follow your solicitor's advice, pay the redundancy (assuming you can, if not go through the process of what you need to do) and move on. Spend your time worrying about and resolving the other challenges you have.
If you feel strongly enough about what this person has done, report them, but it's a completely separate issue.