Sole Trader Dies - I was an employee for 31 years....business now not operating, am I redundant?

ChrisJameson73

I have worked for a sole trader for 31 years.  Unfortunately he passed away on 4th March 2020.  I have not been paid since, the business although allowed to trade has not had any customers since lockdown.  Have I been made redundant or am I still employed by the widow?

TripleH

I assume he was not incorporated in any way? Limited company or partnership?
I believe employment terminates on the death of a sole trader.

tacpot12

This link will answer some of your questions: https://businesscoverexpert.com/blog/business-owner-dies/ 
This seems to suggest that you are still employed, and that the costs of the business fall into the estate, so if they want to keep the business going, they need to offer you a new contract of employement in a new business, or offer you redundancy. You can check your statutory rights to redundancy here: https://www.gov.uk/redundancy-your-rights/redundancy-pay
You would need to have a written contract containing additional rights to redundancy pay to get more than the statutory amount.

Does the deceased have enough money to pay you the amount of redundancy you are entitled to? 
Is this a business that you might consider taking over? You might for example swap your rights to redundancy for the van, tools, customer list, and some lesser amount of  cash if the business has anything you would need to set up in business yourself.

It is probably worth calculating the amount of redundancy you are due, and writing to the widow to lodge your claim for this, but saying that you are prepared to discuss all options. While you need to be sensitive, you also have a right to a prompt decision.  In theory you are owed pay, holiday pay and a notice period while you remain employed, so it is not in the estate's interest to delay a decision. You might ask if there is any professional involved in winding up the estate, e.g. a solicitor or accountant, as the widow might find it easier if you have an initial discussion with a professional.

tacpot12

If you have any home insurance, you might find you have some legal cover as part of this. There is usually a legal helpline you can call if you have this sort of cover, and they will be able to explain the exact legal situation. It is probably worth taking legal advice if you cannot get a definitive answer on MSE. Sorry, I can't confirm the exact legal situation you find yourself in. 

Thrugelmir

Have you spoken to the widow?