Brother fired or not?

maa299

Anyone know about this?

fengirl_2

As has been previously stated, it is the employer's responsibility to deduct tax and NIC - not the employee.

maa299

Hi - I'm picking this up again, as my brother's been fired!

By the way, the tax issue turned out that he's employed under Irish law and self-employed here in the UK.

Anyway, we thought that he was being made redundant and therefore entitled to Irish stat pay (which is much more generous than the UK equivalent).

However, his employer says that he will be seeking someone else in the near future, so he's not reducing his workforce. My brother's being dismissed for "underperformance", so nothing is due and the termination notice doesn't have to adhere to the 3-month period (he was given 2 months' notice).

On the other hand, my brother's boss said that he would probably pay an extra month's worth of salary in the end.

So my question is: If the employer doesn't manage to find someone else soon (most likely), shouldn't this instead be classed as a redundancy? From the employer's perspective, he'd only end up shelling out for 40% of the stat pay, as the remaining 60% is reimbursed by the Irish government. And 40% of the stat pay is actually a little less than the proposed month's salary!

What do you think?