Redundancy money for my mum.... - HotUKDeals
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Redundancy money for my mum....

saxo_appeal Avatar
8y, 6m agoPosted 8 years, 6 months ago
Ok folks im wondering if anyone know about this stuff?

My mum worked for my uncle (her brother) for over 22 years and he decided to sell the plumbing shop in december of last year 07.
My mum who was a receptionist was therefore made redundant...

The thing that gets me is he sold the shop for at least...say £32,000 and hasnt even bothered giving my mum even a little something for a thanks
she worked loads of years and sometimes took a pay cut in order to keep the business afloat.

Does she have a right to claim ?
She never signed a contract and never ever had one (as it was family) will this affect getting a result ?
Iv heard from my mate offshore that he could claim for her through the goverment and it doesnt even cost him a bean - ...is this true?

thanks for any help folks
saxo_appeal Avatar
8y, 6m agoPosted 8 years, 6 months ago
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#1
OOPS i see family fued - sorry -

you say she signed no contract but there was a verbal one - so thats ok


has her brother been paying her tax and national insurance?

has your mum any wage slips? if answer is no -never mind -was her wages paid into bank on a regular basis - can be used in certain cases as proof

i recommended your mum seek legal advice



http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page15686.html#When_is_a_redundancy_payment_due

There is a helpline to answer your questions. The number to ring is 0845 145 0004 (calls are charged at local rates).

Redundancy payments

When is a redundancy payment due?

Your employer must give you a lump-sum payment if:

you are made redundant;
you have at least two years continuous service; and
you meet the other conditions set out in this document.
You may also be entitled to other - non-statutory - payments if this has been agreed in your contract of employment.



* - In 2005 the Government looked at whether the statutory redundancy payments scheme would be compliant with the Age strand of the Employment Directive and concluded that the age bands are objectively justified. Evidence the Government has gathered demonstrates that younger, prime age and older workers fall into three distinct economic categories, with older workers facing a particularly difficult position in the employment market. Young workers tend not to be out of work for long, and see only a small fall in pay when switching jobs. Older workers are much more likely to become long-term unemployed, and to experience a substantial fall in pay when finding a new job. Prime age workers fall into the middle. The Government believes that it is sensible for the level of support provided through the scheme to reflect these three categories. However the Government concluded that the upper and lower age limits in the scheme could not be justified and under The Employment Equality (Age) Regulations 2006, the lower age limit of 18, the upper age limit of 65 and the taper at 64 will not apply to employees dismissed on or after 1 October 2006.

Who can qualify?
#2
she is automatically entitled to 1 weeks pay for each year she worked.
1 Like #3
Don't really know the ins and outs etc but it may be worth looking on this site for further info http://www.direct.gov.uk/en/Employment/Employees/RedundancyAndLeavingYourJob/DG_10026616

HTH :)
#4
caverncity
she is automatically entitled to 1 weeks pay for each year she worked.


it gets even better if your over 45 - 1.5 weeks
#5
has she been made redundant? can she not continue to work in the shop?
#6
She is entitled to claim :thumbsup:
#7
has she been sold as an ongoing concern, if she has been made redundant and not given notice she is entitled to 22 weeks at normal pay as she has no formal written contract stating to the contrary, she is also entitled to redundancy pay if she was a valid employee (ie provable at law) and this would depend on her age but will be no less than 22 weeks at a maximum of 330 per week, if she was paid less per week she would get her normal weekly wage, i know all this as i am currently sueing my previous employer for unfair dismissal although they made me redundant
#8
She is 59 now and was mad redundant just december passed,
she wasnt paying tax as she was never earning enough to be taxed (miserable b***** my uncle) she only got little brown wage packets but i dont think she kept or got any slips of paper

as the shop is now sold he is running the busines from home now
#9
she's definately entitled to a redundancy payment. Re the contract, as her employer your uncle was required by law to provide her with one so I wouldn't worry about that. Maybe a quiet chat with him before she claims would be a better way to go about it to avoid an outright family feud?
banned#11
saxo_appeal;2135941
She is 59 now and was mad redundant just december passed,
she wasnt paying tax as she was never earning enough to be taxed (miserable b***** my uncle) she only got little brown wage packets but i dont think she kept or got any slips of paper

as the shop is now sold he is running the busines from home now

Doubt she will get anything IMHO as she has no proof that she even worked there has she?

Her brother was employing her illegally for 22 years with no contract and paying her cash in hand.
#12
No it was going through the books but she wasnt getting taxed because she wasnt earning enough
banned#13
saxo_appeal;2139087
No it was going through the books but she wasnt getting taxed because she wasnt earning enough

then she should have been given a yearly P60 at the very least regardless of tax payments. These should never be discarded by anyone for at least 5-6 years.
#14
ill ask her mate thanks
#15
she wasnt earning enough to be taxed or have national insurance taken off
at the end of every week she pulled the money out for her brothers wage/sons wage (apprentice) and her wage and put them all in brown envelopes.

is she still at her right to claim money?
banned#16
saxo_appeal;2147276
she wasnt earning enough to be taxed or have national insurance taken off
at the end of every week she pulled the money out for her brothers wage/sons wage (apprentice) and her wage and put them all in brown envelopes.

is she still at her right to claim money?

that doesnt matter. she should still have been an employee in the eyes of the inland revenue so should have got a yearly p60. I think i'm right about that.

wages going into brown envelopes sounds very suspicious. was she only earning £100 or less a week then?
#17
Yeh mate, think she was earning like £80

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