Mum's Redundancy

charlie792

Edited without too much detail due to circumstances...

Mum has been made redundant but been told she must work her 3 month notice - they are not allowing her to take any time off, regardless of needing to find another job.
The job is still technically there - its just they are giving it to someone else. She may have some grounds for unfair dismissal however due to the nature of employment she may have a hard fight on her hands.

All I can see is that she is entitled to contribution JSA for a short while but other than that financially they will struggle.
Dad's salary is too much to obtain anything else but is very low compared to mum's and will not be enough to cover basic bills, let alone anything else.
There is 4 of them at home and a mortgage to pay - I beleive there is some basic form of mortgage protection in the case of mum loosing job but Im not sure how much or how long this exists for.

Job market not looking hopeful - mum has been looking for well over a year now and nothing has come of anything, she is willing to relocate if necessary although not ideal as this house was meant to be where they would retire etc

Other than a single months salary in redundancy money (as stated by a poster below) which will just pay a months mortgage then Ive no idea what they will do for cash after that...

BillTrac

Aw shucks, and I was all ready to help

Seriously, I hope you have deleted this because you have sorted your problem(s) out.

charlie792

BillTrac wrote: »

Aw shucks, and I was all ready to help

Seriously, I hope you have deleted this because you have sorted your problem(s) out.

no - I suddenly thought that certain members of my mums firm might be on here and it might not be best to have such information posted

elfen

I'm assuming mum is over 41? If she is, she should get 1.5 weeks redundancy for each year of service, so 3 years = 4.5 weeks (about a month's pay)
Also ,get mum to phone HMRC to ask about working persons tax credity, which her and your dad should be entitled to when she finishes work. She'd get contribution based JSA for 6 months as long as her stamp is up to date.

charlie792

thanks - i have re-edited the original post and got rid of some of the non essential details

sleepless_saver

I don't understand how she can be made redundant if her job still exists and is being given to someone else? Or is that the basis of the unfair dismissal claim?

sleepless_saver

elfen wrote: »

Also ,get mum to phone HMRC to ask about working persons tax credity, which her and your dad should be entitled to when she finishes work..

Your father would have to claim the working tax credit as he's the one who is working, and it is unlikely to be awarded for 2010-11 as they will both have worked for most/all of the year. WTC for 2011-12 would normally be based on earnings for 2010-11 so they will need to get it assessed on likely 2011-12 income instead (though hopefully your mother will be successful in getting work before too long).

charlie792

sleepless_saver wrote: »

I don't understand how she can be made redundant if her job still exists and is being given to someone else? Or is that the basis of the unfair dismissal claim?

yeah pretty much hit the nail on the head there - and also if the job no longer exists there is surely no point in her working her notice...seems ridiculous to me.

sleepless_saver wrote: »

Your father would have to claim the working tax credit as he's the one who is working, and it is unlikely to be awarded for 2010-11 as they will both have worked for most/all of the year. WTC for 2011-12 would normally be based on earnings for 2010-11 so they will need to get it assessed on likely 2011-12 income instead (though hopefully your mother will be successful in getting work before too long).

Not sure how accurate that thing is online but that says no to claiming WTC for some reason, even discounting my mums salary for this year....

Pete111

charlie792 wrote: »

yeah pretty much hit the nail on the head there - and also if the job no longer exists there is surely no point in her working her notice...seems ridiculous to me.


OP can you please confirm if they are simply moving your Mums duties to another existing member of staff or recruiting someone else to do the work.

If the latter you have a strong case for unfair dismissal and as a first step your mum should appeal the redundancy on those grounds.


If the former then the employer needs to show how they reasonably came to that decision as part of a proper redundancy consultation process. Has any such process been run? (see below)

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029835

Lastly an employer needs to allow a redundant employee who is working their notice 'reasonable' time off to attend interviews etc. You mum should ensure this is the case and point out the relevant regs (link below) if they refuse.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029844

Let me know

p

charlie792

Pete111 wrote: »

charlie792 wrote: »

yeah pretty much hit the nail on the head there - and also if the job no longer exists there is surely no point in her working her notice...seems ridiculous to me.


OP can you please confirm if they are simply moving your Mums duties to another existing member of staff or recruiting someone else to do the work.

If the latter you have a strong case for unfair dismissal and as a first step your mum should appeal the redundancy on those grounds.


If the former then the employer needs to show how they reasonably came to that decision as part of a proper redundancy consultation process. Has any such process been run? (see below)

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029835

Lastly an employer needs to allow a redundant employee who is working their notice 'reasonable' time off to attend interviews etc. You mum should ensure this is the case and point out the relevant regs (link below) if they refuse.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029844

Let me know

p

Basically her firm got taken over last year. At the time all staff were promised thier jobs would be safe.
Basically my mum runs her office and the other firm has run thiers, since the take over (the offices are still separate) they've now decided that the other person in an equivalent position to my mum has been told they now take over both offices. Effectively thats not at all practical in my mums eyes - the offices are a large distance apart for a start.
But heck thier company they can do what they like....

A few weeks ago she was basically offered a pathetic payoff to leave then and there which she rejected, so now they've formally made her redunadant. No redundancy package just what she is legally entitled to - which isn't even a months pay

shikoku

She is legally entitled to time off to attend interviews or other reasonable job hunting activities if under 3 months notice of redundancy.