Sole trader death - notice pay to employee? 28 March 2022 at 3:42PM in Redundancy & redundancy planning 3 replies 473 views

Melziejane

A sole trader of a business has passed away and one employee is claiming for notice pay. Is this normal practice? I am aware redundancy will be due. This has so far went as far as an employment tribunal which the son of the deceased will have to attend so any advice on that too would be much appreciated.

Thrugelmir

Seems harsh for the estate of the deceased not to pay what is a fairly minimal sum. Irrespective of the legal position. 

lincroft1710

If the deceased was a genuine sole trader, rather than a limited company, then any outstanding or future debts become debts of their estate. If an employee becomes redundant, i.e. their job no longer exists because in this case, their employer has ceased trading, then that employee as well as statutory redundancy pay, which becomes a debt of the estate may be entitled to pay in lieu of notice, especially if that is written into their contract. 


Depending on the amount involved it may be worth consulting a qualified employment solicitor. 

thebrexitunicorn

As above, I think it’s worth getting advice from an employment law solicitor.  However, this may cost more than the notice pay. 

I know in some situations where the employer passes away the situation is deemed a frustration of contract and no notice pay is due.