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Am I eligible to take decd mother’s employers to court/work tribunal

My mother recently passed away, prior to this she was in the process of taking her employer/s to court/work tribunal as she was made unfairly unemployed.

Where my mother worked they lost the contract on a particular workstream that she was working on, she was to be TUPE over with everyone else on that job.

New employer claimed they didn’t have too as she had worked on other jobs, old employer said they did. This resulted in current employer ending her contract and new employer not picking it up.

As a result my mother lost her death in service benefits, lapsed in life insurance policies and the like so at time of passing she had nothing and all bills funeral etc covered by me. As her next of kin am I eligible to take her employer/s to court for the way they treated her. Not looking for money for moneys sake but would be nice to at least get some of costs covered.

Any thoughts be much appreciated.

Replies

  • Comms69Comms69 Forumite
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    Bermonia wrote: »
    My mother recently passed away, prior to this she was in the process of taking her employer/s to court/work tribunal as she was made unfairly unemployed. - how far into the process?

    Where my mother worked they lost the contract on a particular workstream that she was working on, she was to be TUPE over with everyone else on that job.

    New employer claimed they didn’t have too as she had worked on other jobs, old employer said they did. This resulted in current employer ending her contract and new employer not picking it up. - any claim it seems would be against the old employer.

    As a result my mother lost her death in service benefits, lapsed in life insurance policies and the like so at time of passing she had nothing and all bills funeral etc covered by me. - voluntarily As her next of kin - this is not a relevant term; there is nothing official about next of kin. am I eligible to take her employer/s to court for the way they treated her - unless you are the executor of her estate, no. The estate could, in theory, but shouldn't. . Not looking for money for moneys sake but would be nice to at least get some of costs covered.

    Any thoughts be much appreciated.



    This type of claim relies very heavily on the 'victim' being present. Most claims fail, just as a general point. This would be throwing good money after bad, in my opinion. - and not because she didn't have a case; but because you will not have anything in the way of evidence.
  • Not sure what evidence is required as case is a matter of fact and not disputed - this issue seemed to be with regards to liability as neither employer would except it was their fault. My mother was made unemployed through no fault of her own and received no form of payout/redundancy of any kind.

    At one point old employer was willing to reach a settlement but only if new employer would also contribute, they didn’t respond and so my mother started the process... due to I’ll health this did not get very far.
  • Comms69Comms69 Forumite
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    Bermonia wrote: »
    Not sure what evidence is required - what in a court? 'some' is the bare minimum; as case is a matter of fact and not disputed - it is disputed. Otherwise there wouldn't be a need for court. - this issue seemed to be with regards to liability as neither employer would except it was their fault. - Indeed, and how exactly are you going to in anyway prove that My mother was made unemployed through no fault of her own and received no form of payout/redundancy of any kind. - And that is perfectly legal in some circumstances. How long had she worked there? What was said to her?

    At one point old employer was willing to reach a settlement but only if new employer would also contribute, they didn’t respond and so my mother started the process... due to I’ll health this did not get very far.



    anyway, you've missed off the key bit. Are you executor of the estate? If not then this is all irrelevant anyway.


    Unless she already instructed a solicitor, in which case they may have the required evidence and willing to work on behalf of the estate.


    YOU cannot do anything. Her estate in theory could; but like I said, shouldn't.


    I'm sorry for your loss. I don't think this is going to work; and simply don't want you to throw any money into what is likely to fail.
  • I do appreciate your feedback, in answer to your question there was no will and the estate was considered small, she was never married and I was her only child - I therefore manage the estate. I have some paperwork plus I have some former colleagues (including managers) who are willing to attest to the same - as I said it was never a point of contention that my mother was made unfairly unemployed as both employers merely washed their hands of her and then blamed the other.

    She had worked there for 15 years, as I said she was told she would be TUPE with the rest and told to got to new company for first day with them, she arrived and was told that as worked on another contract previously they would not be taking her, old employer said they had to and that’s where she ended up in the middle with no job.

    My mother sought asvice and was told would receive help with forms etc but would need to represent herself... as I say this didn’t progress much further due to decline in health.

    Whilst I do not have much experience with regards to employment issues m, I do have a wealth of experience with regards to financial issues and dealing with courts - I am at a loss at to understand why this would have no success, as previously stated the point of wrong doing is not a matter for contention moreover it was who was liable - surely if the facts stand for themselves it would be for the employer/s to argue the toss as to why it’s not them but ultimately a court/judge/mediator would then have to rule.

    Apologies I am not trying to be argumentative, this is just a very sore point for me and the way my mother was treated... the financial burden this has also put on me makes me more than a little angry as I am sure you can imagine.
  • Takeaway_AddictTakeaway_Addict Forumite
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    It doesn't sound like she has actually filed anything with the tribunal formally? Getting forms I wouldn't expect counted.

    How long since she was actually unemployed?
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • She passed away in April, had been at our work for perhaps 8 months prior to this - this is the first I’ve really had s chance to sit and consider this
  • Takeaway_AddictTakeaway_Addict Forumite
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    Bermonia wrote: »
    She passed away in April, had been at our work for perhaps 8 months prior to this - this is the first I’ve really had s chance to sit and consider this



    If she hasn't filed for the tribunal then she is very likely out of time to do anything as it is normally 3 months less one day from the incident.


    Others I am sure will come and confirm or correct me.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • badmemorybadmemory Forumite
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    If it turns out that you really do have no legal redress, then please be very careful if you decide to write to them to "vent your spleen" that you do not write anything libellous, even if you do feel that between them they may well have hastened your mother's death.
  • Comms69Comms69 Forumite
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    badmemory wrote: »
    If it turns out that you really do have no legal redress, then please be very careful if you decide to write to them to "vent your spleen" that you do not write anything libellous, even if you do feel that between them they may well have hastened your mother's death.



    Just to clarify - you cannot be libellous to someone's face. Only about them to others.


    Personally I wouldn't write anything - but then I know what happens when something like this is received. The implication is always - this will end up in the media; what is our response; and it's not pretty!
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