How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

We have had an employee years who we have always

Resolved Question:

we have had an employee for several years who we have always paid 50p per hour over the minimum wage per hour that she worked instead of holiday pay etc and she takes days off etc whenever she wants,she broke her leg in the shop when she slipped several years ago and was off for several months ,we now have to close the shop ,what redundancy would we have to pay her and would it start after she came back as she had taken a break
Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Expert:  taratill replied 1 year ago.
Did she receive ssp whilst she was off sick?
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
yes, is it a week and half for every year she worked worked out by the average amount she earned in a week
Expert:  taratill replied 1 year ago.
In that case she has been an employee for that period. You will have to pay her from the original start date. In order to calculate redundancy pay accurately you should use the following website. https://www.gov.uk/calculate-your-redundancy-payIf you use this then it will definitely give you the correct calculations. Is there anything further you would like to know?
Expert:  taratill replied 1 year ago.
Hello is there anything further you would like to know about this?
Customer: replied 1 year ago.
She worked for us first casually at our other shop in a small way and was not on pay as you earn as she was under the threshold so we did not pay any income tax or ni contributions for her, then we opened another shop and she went there and I then put her on the paye system do we have to pay her for this period. Thanks Mary
Expert:  taratill replied 1 year ago.
Hi Mary, can you explain what you mean by casually? Were there periods when she did not work for 2 weeks or more?
Customer: replied 1 year ago.
It was 17 years ago and I cannot remember ,she would have just worked when we needed her and if she was busy herself she would not have come, she still does the same today we are not in charge of her working hours if she wanted to go on holiday she would just tell us she will be away that week etc as we only pay her for the hours she works if she does not come she would not be paid for that week
Customer: replied 1 year ago.
I do not know if you had my last response Thanks Mary
Customer: replied 1 year ago.
Hello Jenny are you still online?
Expert:  taratill replied 1 year ago.
Hi please can i take some time to consider your position and research current caselaw. I will revert to you tomorrow morning.
Customer: replied 1 year ago.
Thanks Mary
Expert:  taratill replied 1 year ago.
If you think she is a casual worker she will not be entitled to redundancy pay. Detailed guidance as to what is a casual worker is set out on this website. https://www.gov.uk/employment-status/workerUltimately it would be up to an employment tribunal to determine whether her status is that of a casual worker (not entitled to redundancy pay)If you do not pay her redundancy pay you might find she will bring a claim against you. It is up to you whether you want to take that chance. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  taratill replied 1 year ago.
Hello Mary is there anything further you would like to know as I can see you have not yet rated my answer which is an important part of the process?
taratill and other Employment Law Specialists are ready to help you

Related Employment Law Questions