Sole Traders partner taking my job

ILW · 10 August 2012 at 1:09PM

If he is not getting paid, he is not an employee.

What are you hoping to achieve?

CAB_Malvern_Hills_representative · 10 August 2012 at 5:26PM

coupleuk wrote: »

My wife works PT for a sole trader.

She is being made redundant (after 5 years) and the sole trader is going to give my wifes job to her live-in partner to work unpaid.

As it is the job being made redundant (not my wife), can someone else be given that same job - even working for free and living with the owner.

Thanks

Ultimately the employer is free to do whatever s/he wants but your wife may be able to seek redress for what has happened assuming she cannot convince the employer to retain her. To determine in situations like this whether there has been a genuine reduancy situation each case needs to be looked at in detail on its merits and this is not the forum for doing this. She needs to get advice in person from her local CAB. If it is a genuine redundancy situation then she would be owed redundancy pay, notice and accrued holiday pay. If it isn't she may have grounds for an unfair dismissal claim for which she would require a specialist employment advisor to help her. In any event even if this is a genuine redundancy situation it is still a dismissal and must be carried out fairly otherwise again a potentially unfair dismissal situation arises. Whether in the event it would be worth bringing such a claim depends on a range of factors including what she has already been paid, if anything at the point of dismissal. Her local CAB may be in position to negotiate with her employer over this matter and should be where she goes next for advice.

hcb42 · 12 August 2012 at 11:58AM

is she getting redundancy pay and notice/holidays paid? If not, just concentrate on getting that.

Even if she took this to tribunal, i doubt she would get very far, they are cost cutting, so fightingit, esp if there are financial concerns will be fruitless. the job has gone, the partner is not "employed", he isnt even being paid.

patman99 · 12 August 2012 at 12:17PM

Even volunteers are technically 'employed'. They do a job for a firm without receiving pay, so they are employed on a voluntary basis.

CoupleUK, depending on your wifes role within the company, she may have access to info such as customer addresses that could prove useful to a rival company or even to herself should she decide to set-up on her own.

CAB_National_Representative · 13 August 2012 at 2:12PM

coupleuk wrote: »

Seems CAB are just as unwilling to help as her union are.

Why do they all just fob you off with links to std pages on their websites - don't they think we've already been there.

Sadly, there is nothing on those websites which covers this situation and it DOES fall under the correct forum title.

Hi CoupleUK - thank you for your feedback

And you're right, this post does come under the correct forum title, hence the response from our CAB representative. Not everyone knows about the information available to them on the web, or about about the Adviceguide website, so the mentions are to be as helpful as possible - and not to presume that someone may or may not know already.

Last week we started doing responses like the one above, and we didn't get it right for your post. We're now working with our representatives to set up a different way of handling things, as we want to sort out responses to as many posts as possible.

Our apologies for any confusion.

CAB_National_Representative · 13 August 2012 at 2:15PM

BobQ wrote: »

Not sure how this statement relates to the stated policy of answering questions on · your basic rights at work and redundancy problems? Alright its not posted in the correct thread but its about Redundancy and Work Rights!

Hi BobQ - thank you for your feedback

And you're right, this post does come under the correct forum title, hence the response from our CAB representative.

Last week we started doing responses like the one above, and we didn't get it right for the OP's post. (Please see also our response to coupleUK.) We're now working with our representatives to set up a different way of handling things, as we want to sort out responses to as many posts as possible.

Our apologies for any confusion.

anamenottaken · 13 August 2012 at 8:40PM

coupleuk wrote: »

My wife works PT for a sole trader.

She is being made redundant (after 5 years) and the sole trader is going to give my wifes job to her live-in partner to work unpaid.

As it is the job being made redundant (not my wife), can someone else be given that same job - even working for free and living with the owner.

Thanks

Was the other person already working for the sole trader?

Sole Traders partner taking my job

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