Redundant - no notice

Gettingtherequickly

Hi

Asking on behalf of friends mum.

She worked part time in a nursing home and on Christmas Eve they were told that they would not be paid and no longer had jobs as home closing. Having quickly googled the home, it seems the CQC weren't impressed, so staff bearing brunt of owners incompetence.

She was never given a contract, but I assume that one has been generated by default as she can show bank statements showing regular deposits, albeit paid by cheque and the owner seems to have disappeared so the staff are unable to chase for payment.

In this situation, where does she stand regarding payments due to her as it theoretically does not come under the usual options of a failed business?

Are the staff better to make an application en masse rather than individually as this would ensure the authority dealing with it would be dealing with a single application as against individual applications possibly delaying processing.

She has made an appointment with CAB, but that is not for a few weeks, she would just like a bit of re-assurance. She is in receipt of pension so I will get her to check that she is receiving all benefits she is entitled to.

Thanks for your help

GTQ

InsideInsurance

ACCAs will give advice over the phone.

Who was her employers? A single owner? A Ltd company?

As you say a contract is implicit even if it isnt written but its important to know who the contract is with.

getmore4less

What happened to the people living there?

there may be TUPE implications.

Gettingtherequickly

InsideInsurance wrote: »

ACCAs will give advice over the phone.

Who was her employers? A single owner? A Ltd company?

As you say a contract is implicit even if it isnt written but its important to know who the contract is with.

That I am not sure about, but instinct says it is a Ltd Company, friend is going to confirm, they weren't even aware that it was being run as a limited company until I searched and told them.

Gettingtherequickly

getmore4less wrote: »

What happened to the people living there?

there may be TUPE implications.

I assume the residents were moved elsewhere as I have been told nothing that could be TUPE related.

BobQ

InsideInsurance wrote: »

ACCAs will give advice over the phone.

Who was her employers? A single owner? A Ltd company?

As you say a contract is implicit even if it isnt written but its important to know who the contract is with.

I think the poster means ACAS and yes ringing their helpline might be useful regarding the employment rights issues.

http://www.acas.org.uk/index.aspx?articleid=1339

Do you know how to contact the owner/ director of the business?

The person will be entitled to statutory redundancy paid for by the Government if the employer cannot pay and they are at least 2 years employed.

Any money owed would need to be claimed back by the small claims court

https://www.gov.uk/redundant-your-rights/overview

antrobus

Gettingtherequickly wrote: »

.....In this situation, where does she stand regarding payments due to her as it theoretically does not come under the usual options of a failed business? ....

I'm assuming you know who the owner is. If not the the CQC website will identify them.

Of course, normally what happens, is a liquidator is appointed, and they deal with the redundancy question. But it's not that unsusual for a business to fail, and for the owner(s) to disappear, leaving everoen in limbo.

If you don't know who the liquidator is, you can call the Redundancy Payments Office (RPO) Helpline on 0845 145 0004, or, in Northern Ireland, the Redundancy Payments Service Helpline on 0800 585 811.They will be able to advise you on what to do and may be able to send you a copy of the form.

If no liquidator has been appointed, you can call the RPO Helpline for a copy of the RP1 or order a copy from the Department for Business, Innovation and Skills website at www.bis.gov.uk.
If your employer has stopped trading but is not insolvent, write to your employer claiming your statutory redundancy pay. If your employer doesn't make the payment, you can make a claim to an employment tribunal. You must do this within six months of the date your employment ends.

If an employment tribunal decides that you have the right to statutory redundancy pay but your employer still doesn't pay it, you can make an application to the National Insurance Fund for your redundancy payment.

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

Gettingtherequickly

Thanks for all of your advice. I think the CQC forced the closure following a surprise inspection, although it should not have been too much of a surprise as they had issued warnings and advised that they would arrive unannounced to check the actions had been carried out.

Acas were helpful and supplied the forms to be completed and they will try to trace employer or stamp for forward to ET if necessary.

In the meantime, I have given her the link to check she is in receipt of any benefits she qualifies for.

getmore4less

Gettingtherequickly wrote: »

I assume the residents were moved elsewhere as I have been told nothing that could be TUPE related.

That needs investigating the contracts to provide the care have gone somewhere else there may be TUPE protection.

HappyDays75

I have just been made redundant after 15 years. The company went insolvent and on the information I have received it says payment are capped at £380 a week for every year is this correct. Thanks