Statutory Redundancy 12 Wk Reference Period. What you were paid? Or what you worked?

[ULA]

Frustration of an employment contract occurs when an unforeseen event makes it impossible to continue fulfilling the terms of the contract, and neither the employer nor the employee is at fault. The death of an employer is one such situation where frustration of the contract would occur.

For the purposes of statutory redundancy pay, the frustration of an employee's contract on the death of their individual employer is deemed to be a dismissal by reason of redundancy and this is payable based on age and length of service (assuming more than 2 years). Unfortunately if the contract is frustrated, there is no legal requirement for notice pay since the contract ends automatically rather than being terminated by the employer.

[LegalBiggles]

Ok, thanks for confirming. Not the best news but it is what it is. Out of courtesy though, I wish they'd have told me what was happening.

More generally speaking it seems unfair and not conducive to social care. The chap I cared for was palliative. In fact, doctors were surprised how long he lived for. So it wasn't all that unexpected in real practical terms. In fact, it was far more likely than many of the financial and other reasons employers have to make staff redundant.

The only certainties in life are death and taxes?

It's sad because it might make me (and others?) think more carefully in the future as to what care work to take on. Which ultimately might result in iller people not being able to find staff?

I've also felt social care is one of the lowest of the low. Minimum wage or just a smidge over. Statutory holiday and statutory sick pay. The bare minimum employee pension contribution. No enhancements for evenings, weekends and overnights. No support or training. No HR you can contact directly. Working in potentially vulnerable situations (lone working and not as part of a team). It's on the back of that and more that getting no notice payment feels a bit like a final straw.

We often hear about teachers and nurses but seldom care workers.

Sorry for the off topic and unnecessary (for the thread) rant.

And thanks for all your help on my many questions

[ULA]

Sorry I could not have delivered better news and I appreciate that you wished you had been better informed of what was going to happen in respect of your contractual position.

The points of your last post are well made and I see them not as a rant but a statement of the situation and issues within social care.

Glad to have helped.

[LegalBiggles]

Thank you very much indeed for your reply.

Aside from the fact that it would have been nice to have been contacted by the council and had an explanation - just from a human point of view - the practical outcome is that I might end up losing out on 9 days JSA. In my assumption I was getting notice as per my contract (and being totally unaware frustration of contract was even a thing), I didn’t put in a claim to the DWP straight away. I'm in the process of applying now and have asked if they will consider backdating it, but have not been told yet whether they will. If they don't, I'm left in another strange position where the council will likely want nothing to do with it but there's no one else to complain to. I guess it's all up in the air right now, but if it doesn't get backdated would it be ok to come back to the thread to ask advice please?

Also, for fear of repeating myself... Even though my employer was palliative and very ill, they can still claim that his death was unexpected? It just seems so irrational!

And finally, to add to my "rant" list above, another thing I remembered was when my mum died and how I had to take annual leave to care for her at home for her last two weeks, and then take more annual leave to go to her funeral.

But I’m going to try to turn all of this into a positive. I would really like to use my experiences - and gather more experiences from other carers - to try and raise more awareness about the pay and working conditions in the sector. I might even write to Ed Davies

[ULA]

Fingers crossed it will get back-dated. If not then please come back to this thread, although I may need to get some of our other volunteer advisers to assist, as this would not be my area of expertise. I am employment.

It is often easier to dwell on the negatives, especially when you are going through a difficult situation but I hope that positiveness will win through

[LegalBiggles]

Hi ULA

There have been some updates, but at this stage I would rather not discuss them on the public forum. I wondered under those circumstances if there's any chance I could pick your brains via PM or email? Once all sorted, we could then update the thread if appropriate.

But absolutely no problem if not...

Many thanks

[ULA]

As my post signature states I do not provide advice by PM.

You can email admin@legalbeagles.info regarding off-forum advice although there is normally a donation for this service.