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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6463
Experience:  15 years experience of advising on employment law matters
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We have had an employee years who we have always

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we have had an employee for several years who we have always paid 50p per hour over the minimum wage per hour that she worked instead of holiday pay etc and she takes days off etc whenever she wants,she broke her leg in the shop when she slipped several years ago and was off for several months ,we now have to close the shop ,what redundancy would we have to pay her and would it start after she came back as she had taken a break
Hello my name is ***** ***** I am happy to help you today.
Did she receive ssp whilst she was off sick?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
yes, is it a week and half for every year she worked worked out by the average amount she earned in a week
In that case she has been an employee for that period. You will have to pay her from the original start date. In order to calculate redundancy pay accurately you should use the following website. you use this then it will definitely give you the correct calculations. Is there anything further you would like to know?
Hello is there anything further you would like to know about this?
Customer: replied 1 year ago.
She worked for us first casually at our other shop in a small way and was not on pay as you earn as she was under the threshold so we did not pay any income tax or ni contributions for her, then we opened another shop and she went there and I then put her on the paye system do we have to pay her for this period. Thanks Mary
Hi Mary, can you explain what you mean by casually? Were there periods when she did not work for 2 weeks or more?
Customer: replied 1 year ago.
It was 17 years ago and I cannot remember ,she would have just worked when we needed her and if she was busy herself she would not have come, she still does the same today we are not in charge of her working hours if she wanted to go on holiday she would just tell us she will be away that week etc as we only pay her for the hours she works if she does not come she would not be paid for that week
Customer: replied 1 year ago.
I do not know if you had my last response Thanks Mary
Customer: replied 1 year ago.
Hello Jenny are you still online?
Hi please can i take some time to consider your position and research current caselaw. I will revert to you tomorrow morning.
Customer: replied 1 year ago.
Thanks Mary
If you think she is a casual worker she will not be entitled to redundancy pay. Detailed guidance as to what is a casual worker is set out on this website. it would be up to an employment tribunal to determine whether her status is that of a casual worker (not entitled to redundancy pay)If you do not pay her redundancy pay you might find she will bring a claim against you. It is up to you whether you want to take that chance. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Hello Mary is there anything further you would like to know as I can see you have not yet rated my answer which is an important part of the process?
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