Sole Traders partner taking my job

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coupleuk
coupleuk Posts: 399 Forumite
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in Basic rights at work & Redundancy
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
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  • Taadaa
    Taadaa Posts: 2,113 Forumite
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    I am under the impression that in order to make someone redundant they have to make the rile redundant, and not be able to provide suitable alternative roles ie skills no longer required. Suggest she contacts CAB direct.
    I have had many Light Bulb Moments. The trouble is someone keeps turning the bulb off :o

    1% over payments on cc 3.5/100 (March 2014)
  • Mr_Thrifty
    Mr_Thrifty Posts: 756 Forumite
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    whatever the legalities, your best bet is just to get her a new job
  • CAB_National_Representative
    CAB_National_Representative Posts: 220 Organisation Representative
    edited 9 October 2012 at 12:14PM
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    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
    Hi coupleUK, at the moment CAB Representatives are only answering certain topics on the MSE forum and we’re afraid your question is not within those areas. Someone else may come along to help with your question but you may also prefer to post it again on another board (see the MSE forum index).

    Alternatively you may find some helpful information on the Citizens Advice self-help website, and as this is about employment contracts, we would suggest that you get in touch with your local bureau.
    “Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • BobQ
    BobQ Posts: 11,181 Forumite
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    edited 10 August 2012 at 12:16AM
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    CAB_National_Representative wrote: »
    Hi coupleUK, at the moment CAB Representatives are only answering certain topics on the MSE forum and we’re afraid your question is not within those areas. Someone else may come along to help with your question but you may also prefer to post it again on another board (see the MSE forum index).

    Alternatively you may find some helpful information on the Citizens Advice self-help website <a href="http://www.adviceguide.org.uk/&quot; target="_blank">Adviceguide, and as this is about employment contracts, we would suggest that you get in touch with your local bureau.

    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!
    Citzens Advice has several bureau advisers on this board, based around England & Wales, initially answering questions on four different topics:

    · dealing with debts and debt disputes – see thread
    · housing benefit – see thread
    · tax credits & benefits for people in work or looking for work – see thread
    · your basic rights at work and redundancy problems – see thread

    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • coupleuk
    coupleuk Posts: 399 Forumite
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    edited 10 August 2012 at 6:06AM
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    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.
  • Wywth
    Wywth Posts: 5,079 Forumite
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    coupleuk wrote: »
    ...Sadly, there is nothing on those websites which covers this situation ...

    Then may I suggest if you require further information you consider contacting the Citizens Advice consumer service on 08454 040506 :)
  • Wywth
    Wywth Posts: 5,079 Forumite
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    I've just checked the website linked to previously and, amongst a lot of other useful information, found this particular page:

    http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/when_can_your_employer_make_you_redundant.htm

    Also available is this page:
    http://www.adviceguide.org.uk/england/work_e/work_work_comes_to_an_end_e/work_redundancy_e/redundancy___procedures_your_employer_must_follow.htm


    More advice is available elsewhere:
    http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10026616

    Essentially it appears redundancy may be valid where the need to cut costs means staff numbers must be reduced.
  • bris
    bris Posts: 10,548 Forumite
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    Seems valid to me. The management are cost cutting by bringing the job in house, no one is being employed to do the job, so it would be difficult to see it as unfair.
  • Buzby
    Buzby Posts: 8,275 Forumite
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    Additionally, I gather if a small enterprise (under 5 staff members) many more exceptions - less red tape - apply, so there may be nothing useful you can do if - as suggested - the job itself is ending.
  • coupleuk
    coupleuk Posts: 399 Forumite
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    1. The job is not ending - the owners boyfriend will be doing it.

    2. The owners boyfriend is not a partner in the business - his girlfriend is the sole trader.

    3. So (THIS IS THE QUESTION) is he not then classed as an employee? even if he is not getting paid an hourly wage.
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