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Employee status and redundancy
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Hello. My husband works for a small company of 4 employees under 2 brothers who own the business. It's a shop and may soon go under with the reduction in already limited custom, owing to Covid 19. He has worked for them for over 10 years and as far as I know has never been given a paper employment contract although in many ways he seems to satisfy the conditions for employee (rather than 'worker') status. He works times set by them, pays tax and NI, receives full wages for 4.5 weeks of paid holiday, and in the last five years has worked as a key-holding manager in charge of staff and stock-ordering etc, having been promoted from the role of assistant which he began as. If he is an employee the government website states he'll be entitled to redundancy pay or if the business becomes insolvent, statutory redundancy pay. However I wonder whether the lack of any piece of paper offering him employment or setting out it's terms negates all this in terms of any redundancy pay entitlement? An additional question is whether there is any entitlement to claim benefits whilst waiting for redundancy pay to come through? I hope someone has the answers on this one! Many thanks.