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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45364
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good morning, I have worked same firm years

Resolved Question:

Good morning, I have worked for the same firm for 14 years and I don't have a contract but am certainly treated well and in accordance with contract law. What I want to know is that in the hypothetical scenario of my employer suddenly dying or unable to instruct the payment of my wages etc and a family member for example of my employer takes over the business temporarily or long term am I still protected as it were?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello what type of protection are you asking about, whether you will be kept on with the same terms?
Customer: replied 10 months ago.
Yes
Expert:  Ben Jones replied 10 months ago.
Thank you. Generally, the death of an employer automatically terminates personal employment contracts. If no one takes over the business and it closes down then you would be treated as redundancy and should get all your pay to date and redundancy payment which you would be due. If the deceased employer’s personal representatives offer to renew the employee's contract within eight weeks of the death then the employment would automatically continue and they would be obliged to honour your existing terms and conditions. It does not mean that they cannot refuse to pay you or not honour your terms, just as our current employer can do this, but at least if that happens you can challenge them according to established employment law principles and based on your existing implied terms. This is your basic legal position. I have more detailed advice for you in terms of the rights you have should your terms be changed, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 10 months ago.
Thank you, ***** ***** the delay in responding. Is there any benefit at all in me requesting a formal contract from my employers now?
Expert:  Ben Jones replied 10 months ago.
Yes, at least then you have something in writing rather than relying on what has been accepted practice over time, which may be difficult to prove if challenged. Hope this clarifies?
Customer: replied 10 months ago.
So ... To confirm, and please forgive my ignorance, my contract written or not is with the person that owns the company not the company itself and their death ( hypothetical of course )in itself cancels out any contract I have, is that right?
Expert:  Ben Jones replied 10 months ago.
Well, not necessarily. I did not know it was a company, I presumed you are just employed by an individual. If you work for the company then the likelihood is that you are employed by it and it is your employer. That would be the case if it is a limited company. If this was a sole trader then the individual would be the employer who your contract is with. If it is a limited company the death of the owner does not cancel the contract, you still continue to be employed by the company until it is dissolved or your employment is terminated. If it is an individual employer then their death will frustrate the contract and it will terminate, unless it is taken over by their personal representatives within 8 weeks of death, in which case it will continue with them. Hope this clarifies?
Customer: replied 10 months ago.
Yes , thank you, ***** ***** a limited company I should have made that clear. Thank you for your help.
Expert:  Ben Jones replied 10 months ago.
You are welcome
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45364
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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