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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been working at a Country House Hotel from September

Resolved Question:

I have been working at a Country House Hotel from September 1987 - August 2010, when I was taken ill with Guillain Barre Syndrome with left me paralysed and even now after all this time I am still not fully fit.My employer paid just the normal sick pay, Ihave not had anything else from him, not even any holiday pay, I had no contract with him and he took me off his books in July 2012. He has now sold the Hotel and it is now a private house would I be entitled to any redundancy money from him is my question
Thanking you
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When were you officially dismissed?

Customer: I was not the employer came to my house was wanting to say he was taking me off his books but as he said he did not have the gusts and phone me the next day
Ben Jones :

When did you stop getting any payments from them?

Customer: Hello the last payment I got was the last sick pay in Feb 2011
Ben Jones :

You will only be due redundancy if the reason for dismissing you was redundancy. However, that is only one of several possible reasons the employer could use and in the circumstances I would not say that you were made redundant because the reason for termination appears to have been you being off work on sick leave which is going to amount to a capability issue and that is what the employer would have used to dismiss.


 


Another important issue is that you would now be out of time to challenge this – there is a strict time limit of 3 months to make a claim for unfair dismissal or discrimination and if you were told that you are being taken off the books back in July 2012 then any claim must have been submitted within 3 months of that date.


 


If you did not make the claim within that period because you were not fit to do so, for example your illness was so serious that all the time since then you have not been able to claim because of it, it is possible for them to extend the deadline to claim but you must show that you had tried to claim but that it was simply not possible for you to do so and it would need to be backed up by detailed medical reports to confirm that this was the reason you could not claim.

Customer: Just to say that as far as I know it reverted to a private home on the 20th December 2013
Ben Jones :

that won't affect your rights as I explained above - there are still time limit issues and the fact that you are unlikely to be able to claim redundancy was the reason for termination

Customer: Thanking you in this matter.
Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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