Husband effectively made redundant by my brother

[ForgotTheBiscuits]

Am I being unreasonable to upset that my brother has allowed his business to fold and left my husband essentially redundant, but brother hasn’t acknowledged the situation and is not booking any work.

My husband has worked as the sole employee of my brother’s business for over a decade. Work used to be steady and kept both my brother’s and my own family afloat.
Work has dropped off a cliff in the last year, and my brother (the business owner) doesn’t seem to be bothered to do anything to remedy the situation and doesn’t care that my family is sliding deeper in to debt and a significantly reduced standard of living. My brother’s wife has a secure job so he seems happy to live on that and essentially pretend that he still has a business.
So my husband has been made redundant but my brother has not declared this (I think he may be in denial).
I know normally an employee would be entitled to redundancy pay, but my brother won’t acknowledge the business is dead or make any moves to resurrect it. I feel he’s stringing my husband along. If my husband gets a new job, that will be the final nail in the coffin of the business, and it seems horrible to demand redundancy pay from family and to force my brother to acknowledge that we are suffering due to his inertia.
Any advice or opinions would be appreciated!

Family or not is there a contract?
your DH can speak to ACAS

If things were looking bad for a year why were no conversations had between anyone?

Can't your husband take over the running of the business?
Can you both not take the bull by the horns, confront your brother and try and sort it out?

Good luck.

There have been many conversations, but no action is taken!
It recently transpired that the company website was not sending emails, so any communication from customers was not received for over 6 months, and this wasn’t noticed for all that time! It’s like he wants the business to die but doesn’t want to accept it.

If he is an employee, then why has his income dropped, does he not get a salary?

Can you buy the business?

Would your husband be able to set up on his own and do the same thing?

Your husband needs to find another job before he has no income

Your husband should talk to acas. They will be able to advise him and possibly help.

It’s a really difficult subject to broach. I am his little sister and I don’t hold much sway with him these days. If we talk things over, he counters any suggestions and provides no alternatives.

If the business doesn't have the money for redundancy I think the government should pay the statutory amount, assuming brother says he can't pay it.

As said above can your DH and you offer to take over/buy out the brother, or start up your own similar business if you think it could be a success with more effort.

DH gets paid per job, so no jobs mean no income. To do the required training and set up new business would cost around 5k which we don’t have. My husband left school at 13 so would only be able to get minimum wage jobs. Also once he gets a job, the family business is dead.

But by the sounds of it the family business is dead anyway? So surely it would be better for your DH to get a job that pays him money than for you to end up with nothing? Even if he got a minimum wage job, that is better than nothing isn't it?
He could always take a temping job if he thinks at some point in the future the work for the family firm might emerge - that way he's free to start working for your brother again if he wants to, but has some income in the meantime.

I think you need to work out whether legally your husband is a worker or an employee as that will change what he is legally entitled to.

The family business sounds dead anyway, so I wouldn't worry about that.

Would your brother have a problem with your DH going out and winning work and then using company assets to complete it? Then you can discuss a takeover

Sounds like your brother was doing your husband a massive favour by employing him and supporting your household. And now it seems he's got tired of that responsibility. I don't think your husband is entitled to anything since he's clearly on a zero hour contract, if any contract at all. He needs to get another job.

What work is it? Can he not seek employment with another company?

Perhaps your brother has got tired of essentially supporting two families?

If your husband was an employee he would be entitled to redundancy pay. If he's a contractor he won't be entitled to anything. Did he get paid via PAYE or did he declare his own income on his tax returns?

Business development is a lot of work - much more so than just turning up to do work and get paid. It sounds very entitled to assume this will all be done for you. Has your partner offered to do anything to take this on? If he's tried and it's going nowhere, then so think PPs are right - he just needs to find another job.

Why can't your DH apply for jobs doing whatever it is he already does? It can't be an absolutely unique business.

How was her brother supporting 2 families if her husband was working for him

Lots of people do minimum wage jobs, is there a reason why taking a minimum wage job isn't an option?

If it's been clear for a while that the business is no longer commercially viable, I'd consider it your husbands responsibility to seek alternate employment.

This is why I don't employ family and friends.

I'm sorry you're in the situation you are, but it's hard to see how it got to this point. If your husband is not salaried then he is essentially a freelancer, a contractor, and as such should have been looking for other work or other contracts as soon as your brother's company was making less than you need as a household income. If your brother no longer wants or needs to bother with the business, then the responsibility to generate the household income you require falls squarely on you and your husband. I can't think how redundancy money would be relevant in this situation, unless he has a proper contract of employment stating what he is entitled to, but with no actual salary this sounds unlikely.

You shouldnt be speaking to him at all.
His Employee needs to have a professional conversation with him.

To add, there's nothing that will come from burying his head in the sand, he just needs to find stability elsewhere, whether that's at minimum wage or not. At least you'll know where you stand from a budgeting perspective.

It's up your husband, his employee, to talk to his employer. Does your husband pay tax and NI?

So is he a Contractor then? If so he wont get Redundancy
He needs to look for other work and never mind if hes propping up this Business.