I own a large estate which includes housing for some employees. Whilst visiting one of the cottages with my sons, the employee explained that he was doing it up nicely (at his own expense) so that he could move his gay partner in with him. I told him I was not happy about this and would have to seriously consider his position. I have checked the licence and it only allows for his spouse to share the property whilst he remains an employee. I want him out.

The licence for the property should be construed as giving entitlements to married partners ie wife or civil partner. If he is not a formal civil partner then you would probably be entitled to enforce this clause and preclude him from moving his friend in with him. You need to explain that bit of property law and that you would take the same approach with an unmarried girlfriend. Presuming that he is not happy and no longer respects you then you will have to ‘review’ his employment. You may not dismiss him or take any other detrimental action on the grounds of his sexual orientation and the penalties for doing so are unlimited. You must be very careful that none of your actions can be construed as ‘homophobic’ or due to his sexuality. If the relationship does break down because of your approach to the property then it would be best to agree to an amicable separation with a compromise agreement, which compensates him for his loss of job/home.

I was conducting a disciplinary interview with someone earlier today about her poor attendance record. She said she suffers from depression and when I asked if she knew what made her depressed, she replied that it as working here in a big old factory with no natural light, doing a routine job. I said that if she felt like that she should get a new job and then went on to give her a written warning. My boss thinks I should have not been so spontaneous.

Sadly your boss is probably right. For a start encouraging employees to leave is likely to be seen as constructive dismissal i.e. showing a lack of faith and trust in them entitling them to leave and claim that your actions undermine the relationship in a serious way. Furthermore there is also a risk that she will also complain of disability discrimination because depression can amount to a disability if it is long term and sufficiently serious to prevent normal day to day activities. I would see her and apologise if you appeared insensitive, you were merely concerned for her health and welfare and were wondering why she stayed if she knew that the environment was not right for her. You could then go on to ask if there is anything the Company could to help her to feel happier at work. You might also suggest that it would be a good idea if she could see someone from Occupational Health or her GP who might be able to help with coping strategies. You could also remind her of her right to appeal against the disciplinary action and her right to raise a grievance if she did not accept your apology for your spontaneity/concern.

We have an employee who officially works in the Service department and is paid weekly and has other associated conditions. For the last six months he has been working in the Maintenance Department although we have never formalised it or otherwise made it ‘official’. His old job has disappeared and we now need to make one person redundant from the maintenance department of 5 monthly paid guys plus him. We told him that as he is on different conditions of employment, he is the one we need to make redundant. He is saying that is not fair and will complain of unfair dismissal.

He would have a good case. He is saying that the pool for selection should be the six people who are all doing much the same work and after such a long time it would be difficult to argue that he is not really part of that team. Indeed it is arguable that he should have been issued with a revised ‘contract’ i.e. written statement of terms and conditions within eight weeks of the change. You need to acknowledge your mistake and explain to him that he will be considered against a set of objective criteria to determine which of the six people is to be selected for redundancy and will need to inform the other five people that they are in a period of redundancy consultation. You need to do a full and proper consultation exercise and conduct an objective assessment of which five people are most valuable to the business and then deal properly with the de-selected person including giving consideration to any appeal and search for suitable alternative employment.