03 Jun 2016

A question about : Redundant

Hi

Asking on behalf of friends mum.

She worked part time in a nursing home and on Christmas Eve they were told that they would not be paid and no longer had jobs as home closing. Having quickly googled the home, it seems the CQC weren't impressed, so staff bearing brunt of owners incompetence.

She was never given a contract, but I assume that one has been generated by default as she can show bank statements showing regular deposits, albeit paid by cheque and the owner seems to have disappeared so the staff are unable to chase for payment.

In this situation, where does she stand regarding payments due to her as it theoretically does not come under the usual options of a failed business?

Are the staff better to make an application en masse rather than individually as this would ensure the authority dealing with it would be dealing with a single application as against individual applications possibly delaying processing.

She has made an appointment with CAB, but that is not for a few weeks, she would just like a bit of re-assurance. She is in receipt of pension so I will get her to check that she is receiving all benefits she is entitled to.

Thanks for your help

GTQ

Best answers:

  • ACCAs will give advice over the phone.
    Who was her employers? A single owner? A Ltd company?
    As you say a contract is implicit even if it isnt written but its important to know who the contract is with.
  • What happened to the people living there?
    there may be TUPE implications.
  • Thanks for all of your advice. I think the CQC forced the closure following a surprise inspection, although it should not have been too much of a surprise as they had issued warnings and advised that they would arrive unannounced to check the actions had been carried out.
    Acas were helpful and supplied the forms to be completed and they will try to trace employer or stamp for forward to ET if necessary.
    In the meantime, I have given her the link to check she is in receipt of any benefits she qualifies for.
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