Mothers bosses retiring... Possible job loss.

ElaineDarby1984

My mother has been working for her employers for about 8 years & they retired this weekend. It's a pub & they were landlords. They assumed my Mum would be retiring too but she doesn't reach pension age until November this year. They said they're gonna call her after speaking with new management & put in a word for her. But where does she stand? They haven't made her redundant so she can't get any money & wont be able to claim JSA cos my dad works. I just think it's really unfair that this could lead to her not having any job or income until she can get her pension but even with that we don't know if she'll get full amount.

atolaas

No chance she can stay on at the pub with the new owners?

Annisele

Is it possible she should have been TUPE'd across to the new employer?

If TUPE doesn't apply, there's a good chance she has actually been made redundant. It might be worth her giving ACAS a call (details in previous link).

pleasedelete

If the business has been sold as a going concern then TUPE should apply. If the new employer no longer has a role for her then they will have to make her redundant and bear the costs.

She needs to turn up for work as usual at her next shift.

If the business is closed then redundancy will apply- from the old employer or if they are in receivership they are statutory arrangements.

They dont need to put in a word fro her- she is an employee and as such has legal rights. If the new owners dont want her then they will have to make her redundant- I assume that she is PAYE.

ElaineDarby1984

She is paye has wage slips etc. she's been given her last wage & said P45 to follow. All she's been told is to wait for a phone call. All the other staff (mainly bar) didn't want to stay on but my mum does cos she needs the money tbh. It's only 6hrs she was doing spread over 4 days but it helps a lot. She wasn't given any notice for redundancy etc just presumed she'd leave at same time. Her next shift would be Weds but with the pub changing landlords then it might not even be open.

Londonsu

ElaineDarby1984 wrote: »

My mother has been working for her employers for about 8 years & they retired this weekend. It's a pub & they were landlords. They assumed my Mum would be retiring too but she doesn't reach pension age until November this year. They said they're gonna call her after speaking with new management & put in a word for her. But where does she stand? They haven't made her redundant so she can't get any money & wont be able to claim JSA cos my dad works. I just think it's really unfair that this could lead to her not having any job or income until she can get her pension but even with that we don't know if she'll get full amount.

If she has worked for 8 years and paid enough class 1 ni contributions she should be able to claim contribution based jsa this is not means tested so your Dads wages wont be taken into account this lasts for 6 months.


It is also worth noting that the amount the law says a couple need to live on goes up after a certain age to just over £224 a week due to an age premium, therefore if say your Dad earns £200 per week and they have savings under the threshold she can claim income based jsa of £24 a week after her cont based jsa finishes. My Sister who is 62 gets £26 a week as her Husbands pension is £198 per week (although he could claim pension credit instead)


Also if she is not sure how much pension she will get, she can get a future pensions statement from the pensions department, I got one last year


https://www.gov.uk/future-pension-centre

ElaineDarby1984

She hasn't earned enough to be paying NI unfortunately not in this job anyway. It was only £39 a week sometime more but usually that. She was doing 7 days but they dropped her hrs down a few years back. It's not a huge sum but it helps them out a lot.

asajj

pleasedelete wrote: »

If the business has been sold as a going concern then TUPE should apply. If the new employer no longer has a role for her then they will have to make her redundant and bear the costs.

She needs to turn up for work as usual at her next shift.

If the business is closed then redundancy will apply- from the old employer or if they are in receivership they are statutory arrangements.

They dont need to put in a word fro her- she is an employee and as such has legal rights. If the new owners dont want her then they will have to make her redundant- I assume that she is PAYE.

Well here.

My husband's job was outsourced to Capita couple of years ago and he was going to become a Capita employee with the same rights although he found something else afterwards and resigned.

If new business doesn't need a new staff, then they will need to make your mother retired.

You can call Citizen Advice Bureau as well.

Takeaway_Addict

asajj wrote: »

Well here.

My husband's job was outsourced to Capita couple of years ago and he was going to become a Capita employee with the same rights although he found something else afterwards and resigned.

If new business doesn't need a new staff, then they will need to make your mother retired.

You can call Citizen Advice Bureau as well.

I presume you meant redundant as you can't legally retire anyone now.

asajj

Takeaway_Addict wrote: »

I presume you meant redundant as you can't legally retire anyone now.

Yes redundant!

ElaineDarby1984

Where does she stand if she doesn't get a phonecall & hears nothing & is just sent her P45? How can she claim redundancy etc?