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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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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: 11 months ago.
Category: Employment Law
Expert:  taratill replied 11 months ago.
Hello my name is ***** ***** I am happy to help you today.
Expert:  taratill replied 11 months ago.
Did she receive ssp whilst she was off sick?
Customer: replied 11 months ago.
yes
Customer: replied 11 months 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 11 months 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 11 months ago.
Hello is there anything further you would like to know about this?
Customer: replied 11 months 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 11 months 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 11 months 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 11 months ago.
I do not know if you had my last response Thanks Mary
Customer: replied 11 months ago.
Hello Jenny are you still online?
Expert:  taratill replied 11 months 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 11 months ago.
Thanks Mary
Expert:  taratill replied 11 months 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 11 months 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, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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