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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70217
Experience:  Qualified Solicitor
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I have run a small catering business for the last 5 year’s

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I have run a small catering business for the last 5 year’s employing 2 staff
JA: Where are you? It matters because laws vary by location.
Customer: since March they have been on the furlough scheme but it doesn’t look that we will be returning anytime soon and as I am still not trading I need to look into lay offs as I am not in a position to pay the extra 10% which in October is 20% top up of their wages as I have no income I am in Wolverhampton
JA: What steps have you taken so far?
Customer: I furloughed them and obviously at the time I gave them a letter to state that but we were alway hopeful of reopening but it is dragging on now and doesn’t look like it will ever get back to how it was the business was the catering inside of Wolverhampton crown court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i was hoping to perhaps get back on my own but because of the way the Court service is I can’t even do that and there is no option of a takeaway service but there is not enough people in the building anyway and I have still got bills to pay as I invested in new coffee machines but I have not got spare money to top up the pay of the staff and my contract with the court service finishes in November as it should of gone out to tender in April but I was asked to take a 6month extension due to Covid19 but I don’t know now if they are going to want to resume catering there or wether it would be a viable option so I need to let the staff go with cost to me should this be the case

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long have they worked there for? Please note this is not always an instant service so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 5 days ago.
They have been in my employment since May 2015
Customer: replied 5 days ago.
Obviously when I put the staff on furlough we always expected to go back but the Court service are really dragging their feet and back in July they said that catering at sites could only reopen as takeaway and then depending on individual sites , unfortunately the way we are at Wolverhampton this is not possible and there have been no further changes
Customer: replied 5 days ago.
Even if they decide to let me open and have customers into the restaurant, socially distanced of course, there will not be the body count to make it a viable concern for a long time so I would not be in a position to take the staff back and pay the bills, I am not in a position now really to pay the top ups to their furlough wages

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. In the circumstances you are looking at having to make these employees redundant due to the downturn in business you have experienced.

To do so you need to follow a fair redundancy procedure to start with:

https://www.acas.org.uk/manage-staff-redundancies

In terms of your financial liabilities, when someone is made redundant, they will be entitled to the following payments by law as a minimum

{C}· Notice pay for the contractual notice period which must be at least as long as the statutory entitlement (1 week’s notice for every full year of continuous service, up to a maximum of 12 weeks)

{C}· Statutory redundancy pay, which you can calculate here: https://www.gov.uk/calculate-your-redundancy-pay

{C}· Any accrued holiday pay for untaken holidays in the current holiday year

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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