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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64501
Experience:  Qualified Employment Solicitor
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My grandaughter has had to stay away from work to look after

Customer Question

my grandaughter has had to stay away from work to look after her son sinc the schools closed but has not been laid off or dismissed and is a PAYE employee paid weekly will she be able to claim via her employers the newly introduced statutory retention payment of 80% of her wages
JA: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: Discussed with her manager and the MD of the company, and surely this cannot be classed as a termination of emplyment as her job is still open for her to return to, but at presesnt is off with no wage coming in as she has no family etc to care for her son
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: as far asI am aware with emplyees who have contracts
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just help , if you are able, as she is going to have no income after next weeks pay will she be eligible for the SR P
Submitted: 6 days ago.
Category: Employment Law
Expert:  Ben Jones replied 6 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 6 days ago.

How long has she worked for her employer and what type of contract does she have?

Expert:  Ben Jones replied 6 days ago.

Hi there. I note you have posted your response via a second thread. Leave it with me for now and I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 6 days ago.

Many thanks for your patience. Sadly she will not be eligible for the payment automatically. This payment is for employees who have no work to do as a result of the current situation and as a result the employer cannot pay them. In her circumstances, there is work for her to do but she cannot do it because she has to remain off work to look after her child. That time can be used as dependency leave, or parental leave, however both are unpaid. If she has the option of working from home she can ask for that too but it is up to the employer. If she cannot work from home she will have to find alternative arrangements, like family members helping out or take it as holidays or unpaid time off.

 

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

 

Expert:  Ben Jones replied 5 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 4 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you