21 May 2016

A question about : Sole Traders partner taking my job

My wife works PT for a sole trader.

She is being made redundant (after 5 years) and the sole trader is going to give my wifes job to her live-in partner to work unpaid.

As it is the job being made redundant (not my wife), can someone else be given that same job - even working for free and living with the owner.

Thanks

Best answers:

  • I am under the impression that in order to make someone redundant they have to make the rile redundant, and not be able to provide suitable alternative roles ie skills no longer required. Suggest she contacts CAB direct.
  • whatever the legalities, your best bet is just to get her a new job
  • Seems CAB are just as unwilling to help as her union are.
    Why do they all just fob you off with links to std pages on their websites - don't they think we've already been there.
    Sadly, there is nothing on those websites which covers this situation and it DOES fall under the correct forum title.
  • I've just checked the website linked to previously and, amongst a lot of other useful information, found this particular page:
    https://www.adviceguide.org.uk/englan..._redundant.htm
    Also available is this page:
    https://www.adviceguide.org.uk/englan...ust_follow.htm
    More advice is available elsewhere:
    https://www.direct.gov.uk/en/Employme...cy/DG_10026616
    Essentially it appears redundancy may be valid where the need to cut costs means staff numbers must be reduced.
  • Seems valid to me. The management are cost cutting by bringing the job in house, no one is being employed to do the job, so it would be difficult to see it as unfair.
  • Additionally, I gather if a small enterprise (under 5 staff members) many more exceptions - less red tape - apply, so there may be nothing useful you can do if - as suggested - the job itself is ending.
  • 1. The job is not ending - the owners boyfriend will be doing it.
    2. The owners boyfriend is not a partner in the business - his girlfriend is the sole trader.
    3. So (THIS IS THE QUESTION) is he not then classed as an employee? even if he is not getting paid an hourly wage.
  • If he is not getting paid, he is not an employee.
    What are you hoping to achieve?
  • is she getting redundancy pay and notice/holidays paid? If not, just concentrate on getting that.
    Even if she took this to tribunal, i doubt she would get very far, they are cost cutting, so fightingit, esp if there are financial concerns will be fruitless. the job has gone, the partner is not "employed", he isnt even being paid.
  • Even volunteers are technically 'employed'. They do a job for a firm without receiving pay, so they are employed on a voluntary basis.
    CoupleUK, depending on your wifes role within the company, she may have access to info such as customer addresses that could prove useful to a rival company or even to herself should she decide to set-up on her own.
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