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Barrister Khan
Barrister Khan, Barrister
Category: Employment Law
Satisfied Customers: 58
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I have a client that is finding it hard to keep her nursery

Resolved Question:

I have a client that is finding it hard to keep her nursery running, as she is running at a loss.
The question I need answering is as follows:-
She has to close the nursery down it is not Ltd, but its a partnership, One of the staff has been their over 2 years and the others under 2 years, does she have to pay redundancy?
Does she have to give notice, reference their contracts.
I believe they do have contracts.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Barrister Khan replied 1 month ago.

Hello thank you for your question.

Do you know what type of partnership does she have? In UK, there are the following types:

  • ordinary partnerships
  • limited partnerships
  • limited liability partnerships (LLPs)

Let me know as there are different rules for different types.

Customer: replied 1 month ago.
They are two self employed people, they have childrens nursery's separately as well as one joint.
They both complete self employment tax returns ( Trading as)
Expert:  Barrister Khan replied 1 month ago.

Redundancy payments will apply when the employee fulfils all the criteria required by the Statutory Redundancy Payments scheme. On a basic level, the employee must have had at least two years’ continuous service with the company, and they must not have been offered a different job with the same company or with another company that takes over your business. Furthermore, there must have been a contract of employment in existence in the first place, whether written or spoken. Those employees are eligible having two years of continued service.

As far as notice requirements are concerned, please note, that your client must be given a notice period before employment ends.

The statutory redundancy notice periods are:

  • at least one week’s notice if employed between one month and 2 years
  • one week’s notice for each year if employed between 2 and 12 years
  • 12 weeks’ notice if employed for 12 years or more
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