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 Barrister Khan Your Own Question
Barrister Khan
Barrister Khan, Barrister
Category: Employment Law
Satisfied Customers: 58
Experience:  Excellent legal grip
Type Your Employment Law Question Here...
Barrister Khan is online now

I have a client that is finding it hard to keep her nursery

This answer was rated:

I have a client that is finding it hard to keep her nursery running, as she is running at a loss.
The question I need answering is as follows:-
She has to close the nursery down it is not Ltd, but its a partnership, One of the staff has been their over 2 years and the others under 2 years, does she have to pay redundancy?
Does she have to give notice, reference their contracts.
I believe they do have contracts.

Hello thank you for your question.

Do you know what type of partnership does she have? In UK, there are the following types:

  • ordinary partnerships
  • limited partnerships
  • limited liability partnerships (LLPs)

Let me know as there are different rules for different types.

Customer: replied 8 months ago.
They are two self employed people, they have childrens nursery's separately as well as one joint.
They both complete self employment tax returns ( Trading as)

Redundancy payments will apply when the employee fulfils all the criteria required by the Statutory Redundancy Payments scheme. On a basic level, the employee must have had at least two years’ continuous service with the company, and they must not have been offered a different job with the same company or with another company that takes over your business. Furthermore, there must have been a contract of employment in existence in the first place, whether written or spoken. Those employees are eligible having two years of continued service.

As far as notice requirements are concerned, please note, that your client must be given a notice period before employment ends.

The statutory redundancy notice periods are:

  • at least one week’s notice if employed between one month and 2 years
  • one week’s notice for each year if employed between 2 and 12 years
  • 12 weeks’ notice if employed for 12 years or more
Barrister Khan and 2 other Employment Law Specialists are ready to help you