Please help! Mum's death made carer redundant - probs with notice period pay

Chop

I'll try to keep this as brief as poss but would be unbelievably grateful for any advice. My beloved mum died a few weeks ago. She directly employed a personal carer due to her illness. The carer worked for her for 7years.

We have paid the carer pay for the hours she worked, statutory redundancy pay + holidays owing. This came to over £4k and I managed to get it to her within a couple of weeks of mum's passing.

We also paid her 4 weeks pay in lieu of notice.

The carer has now submitted a formal grievance to me, claiming that she is entitled to 7 weeks pay in lieu of notice - 1 week for each year she worked. So she says we owe her 3 weeks pay (around £800 which I just don't have). She has been to Citizen's Advice.

I have spoked with the ACAS helpline who said the situation is known as 'frustration of contract' - when someone dies and the contract can't be fulfilled - and we were actually under no obligation to pay notice period pay at all.

I want to write to the carer and tell her this - I desperately need this to be over for my own sanity. Can anyone advise?

Thank you in advance.

getmore4less

I am not sure why you paid anything,

Any debt should be paid out by the estate/personal reps.

Not sure about the ACAS advice.

Some info in the employment act(I have not read this in detail) it rferences other sections.

http://www.legislation.gov.uk/ukpga/1996/18/part/XI/chapter/VII/crossheading/death-of-employer-or-employee

EconomicsGirl

So sorry to hear about your Mum.

I think you have acted very fairly and according to this (which I don't know if it is correct) it says you don't have to pay redundancy pay at all:
www.netlawman.co.uk/info/dismissal2.php

I would be tempted to ask the Solicitors dealing with your mother's estate.

I hope you can get this sorted - I'm sure you don't need this stress at what must be a very difficult time for you.