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Any employment experts/advice on redundancy?

5 replies

Akrotiri1 · 04/07/2021 17:29

I have been employed as a personal assistant/carer for a lady with dementia for the last 5 years. I have a contract and paid via the direct payment system, so employed by the family but paid through a mix of council and private funding, which is co-ordinated through an agent called 'People Plus'.

Sadly the lady I am employed to look after is going into residential care in the next few month as her condition is deteriorating.

As my job will no longer exist, and I will be un-employed through no fault of my own, would this be classed as 'redundancy'? There is small section on redundancy in my contract which mentions statutory redundancy pay but does not go into specifics.

I have looked at the gov uk info on redundancy and can no see no reason why I would not be eligible, but my employer is unsure.

I will obviously chase this up in the next working week, but any initial thoughts from anyone who has a grasp of employment law?

Tia x

OP posts:
flowery · 04/07/2021 18:00

Yes. If your job no longer exist or is no longer required, it is redundancy.

Why does your employer think that may not be the case?

Akrotiri1 · 04/07/2021 18:16

Thanks for your reply.

Tbh I am not sure - possibly because my employers are the family of the lady with dementia, and have not employed anyone before?

But as I said it is an 'official' post, with a formal contract and council funding etc so can't see how it cannot be seen as a classic case of redundancy.....

OP posts:
NatashaAlianovaRomanova · 04/07/2021 20:35

If there is a company managing the direct payment they should deal with the council to sort out the redundancy.

You will get redundancy but the funds will come from the council to pay this - I used to work in direct payments payroll & it's shocking the complete lack of information & advice given to the recipients & their families about their legal obligations as an employer.

Akrotiri1 · 04/07/2021 21:46

Thank you, that is very helpful.

OP posts:
FudgeSundae · 08/07/2021 22:20

Yes it’s redundancy but your employer may not be aware.

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