Please Help Need as much advice as possible :(

newbie2012

Hi There,

My partner and I recieved some bad news yesterday, his employer has said he has no work for him and has recommended he either go self employed or....(well we don't know because he didnt mention the redundant word!)

Now that in itself is a problem, I am 6 mths pregnant however it gets worse.

I have just learnt my OH (Who I must point out is a tradesman so has no clue over law/tax and has worked for the same man for 18yrs and trusts him to the hilt) was told by his boss that he would start paying him by cheque without him paying NI! Now my OH is supposed to be 'employed' however he never gets sick pay/no pay if there is no work and has never recieved a contract.

His boss has also told him to go self employed and he will employ him "when he can"..in my personal opinion a brush off.

I know nothing about employment which is why I need advice. Were not looking to take him to court as his company has changed names more times than I can imagine so I doubt we would get anything BUT I need to know what to do.

There is little work out there, iv'e spent all day looking for him and he can't afford his own van and realistically going self employed in this current climate with me being pregnant seems nuts.

We do have my salary until next year and we do have an income protection policy which will pay something, but I assume only if he's made redundant or laid off, or whatever his boss is intending to do with him.

Is there anything we can do or should ask his manager (baring in mind no union as one man band) and can I seek any advice on being self employed from anyone??

heretolearn_2

This sounds like a redundancy situation and his boss is trying to avoid his responsibilities there (paying redundancy money).

Get all your info together and go see the Citizens advice Bureaux or call ACAS.

Your employer can't just say 'no work, bye bye then', which is what he is doing really.

newbie2012

This is what I'm trying to tell the OH. None of it seems right

Caroline_a

if your OH has worked for his employer for 18 years and had his NI paid, etc, his boss cannot suddenly move the goalposts! If he is made redundant he would be due a fair chunk of money (which I know doesn't make up for losing your job). but I think the law is years worked x one week pay for those under 43 years old, and years worked x one and a half week's pay for those over.

Of course if he goes self employed he will be entitled to nothing! As has been said, send him to Citizen's Advice and speak to ACAS too - they will help.

colino

I'm surprised your OH has propped up this "business" for so long. With multiple name changes, not paying wages when sick or there is no work, he really has used him. Speak to CA and ACAS, report the guy on the tax evasion hotline and start job searchng. He is entitled to redundancy and don't for a second think it's his fault or that he should do any more work for this conman.

newbie2012

Unfortunately he's a little nieve and since he treated his boss like a friend he never thought to not trust him. Not sure who the sitaution works with a contractor who has gone bankrupt several times and changed names

newbie2012

Just read as well that if his boss hasnt paid NI (his payslips are very basic) then they can chase my OH for non-payment is this right?