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 Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47893
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

My husband has been made redundant after 14 years of service,

Resolved Question:

My husband has been made redundant after 14 years of service, The company has shut down not gone bust. He has been given 2 weeks notice and has just got his payslip he has only paid him for 6 years redundancy money.

He said he shut the business down in 2008, we new nothing of this and neither did any customers it has been the same name! My husband is 32 now and earned £270 per week

Can we do anything?
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. Have they been trading even though they have closed down?

Customer:

In 2008 I have checked on company website place and it is 'eastham electrical' closed, but my husband has continued to trade but looking at his payslips it now says 'shaun eastham - Eastham Electrical'

Ben Jones :

When was he made redundant?

Customer:

he told him on the 28th April 2014 and the company has shut today.

Ben Jones :

Is it a limited company?

Customer:

the company that shut in 2008 was limited. It is not now.

Ben Jones :

Sole trader now?

Customer:

yes

Customer:

on his pay slips they all say Shaun Eastham -Eastham electrical these range from 2007 2012 up to present day

Ben Jones :

Even if the company had changed names or even changed hands, the likelihood is that he would have automatically transferred to the current employer and all his rights would have transferred over with him, including his length of service. Therefore, the fact that the two employers may be different would not mean that his service was broken and he would still be able to claim for the full continuous service he has in this job.


 


He I now able to pursue his employer for the remainder of the redundancy he is owed. This is something he can do by making a claim in the employment tribunal. He has 6 months to make that claim but he should consider making the necessary arrangement as soon as possible to get the ball rolling.


 


Details of how to do this can be found here:


 


https://www.employmenttribunals.service.gov.uk/employment-tribunals

Customer:

thank you please can you tell me is it 12 weeks pay and a notice period or just one sum of 12 weeks?

Ben Jones :

Well, he is entitled to the following:

1. Notice pay which would be defined in his contract or in the absence of such it would be a minimum of 14 weeks pay (1 week for every full year of service)
2. Redundancy pay (calculated here: https://www.gov.uk/calculate-your-redundancy-pay)
3. Any accrued holidays by the date of his leaving

Customer:

thank you. with 5 kids to feed we need all the money possible! thank you for your prompt answers as well

Ben Jones :

you are most welcome, all the best with this

Ben Jones and 2 other Law Specialists are ready to help you