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Kasare
Kasare, Solicitor
Category: Law
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Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I have worked on a part-time basis in a model train shop for

Resolved Question:

I have worked on a part-time basis in a model train shop for 14 years , being 68 years old ~ 15 hours per week. In addition to the manager, there is one other p/time employee . There have been rumours that the shop was closing for 5 months. Last Monday, 9 March I received a letter stating that the manager wished to retire and the shop would close as a walk in shop on 4 April 2015. The letter stated that he had to give notice that my services will no longer be required after that date.
Please advise whether this Notice is sufficient.
No reference to redundancy is mentioned in the letter.
I have received no consultation or been involved in any discussion.
Am I entitled to Payment in lieu of Notice and if so, please explain how this works
I await your advices with thanks
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi thanks for your question I will assist you with this.
I am afraid your employer's letter is not sufficient. You are entitled to redundancy payment. I would recommend that you use this link to calculate the amount of redundancy owed and then discuss this with your employer. https://www.gov.uk/calculate-your-redundancy-pay/y/
It is very unfortunate for him if he has not planned for this situation as this may cost him a significant amount of money.
Regarding notice, as you have been employed for more than 12 years you are also entitled to 12 weeks notice. That is the statutory minimum period - it may be that your contract says more, but it is unlikely in the circumstances. The notice pay could be paid for the entire period or in lieu of notice, i.e. if the shop closes on 4 April you would be entitled to be paid for the remaining 8 weeks.
Given that the shop is closing and the small number of staff, whilst there are guidelines for making people redundant in small business, the owner should have discussed this with you and the other employees.
I would suggest you speak with your employer setting out your entitlements and see what he has to say, if he does not provide you with a satisfactory answer then you can make a claim in the industrial tribunal. You don't need a solicitor to do this but they would be able to assist you preparing the forms. Alternatively the Citizens Advice Bureau can also assist.
I hope this assists. If you have any further questions, please ask
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
Kasare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your reply.

When does he have to pay the Redundancy - is that on the closure day

ie 4 April - cash or cheque ??

Expert:  Kasare replied 2 years ago.
The redundancy payment should be paid when you leave, or alternatively it can be a short while later with your agreement.
The employer can pay this however he chooses to pay it.
Customer: replied 2 years ago.

Thank you for your information and advice which is really appreciated.

kind regards

LAJ

Expert:  Kasare replied 2 years ago.
You are most welcome! Good luck with everything.

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