Boss has terminated our employment... Advice needed

[Jeany1967]

Hello there,

Bit of back story. My husband and I have worked together looking after a family, their home, gardens and their pets in Cheshire. We've worked for them for the last 15 years (with a 4 year gap in the middle when we had our children).

It's become evident that my husband's role is becoming more redundant (they don't need him as much as they used to). They are now saying that their "family needs" have changed in terms of the help that they need and that they are terminating our employment. They have given us 4 months notice so we're not out on our ear (we have accommodation with the job) but if we find a role before that they will need at least 4 weeks notice from us, which of course we understand.

My question is - are they not essentially making us redundant? Should we be just accepting this or asking for some sort of redundancy pay? It's not through any fault of ours. They employed us to do a job, which we've done but because their needs have changed we're now unemployed.

Any advice would be greatly appreciated.
Thank you!

Yes, it sounds as though you should be entitled to redundancy payments of at least the statutory amount (on top of notice pay). Look up your rights and entitlement amount (this will depend on age and length of service). Have they given you both notice in writing? What does it say? Is there anything in your contracts re redundancy?

You may also have some protection from immediate eviction depending on:
Is it your own accomodation or shared with the family?
Do you pay rent or get lower wages to allow for the accommodation?

Thank you for your reply!

Yes, we've received written confirmation by email today.

It said that the email confirms formal notice to terminate our employment arrangement with both of you.

Also says that our final working day will be the last week of August (date to be confirmed).
As we discussed, there is flexibility for either one of you if you need to leave the role earlier than that date, but please give us at least four weeks warning if you intend to do so.

I will have to check the contract in terms of redundancy but I don't recall ever seeing anything in there regarding it.

Nothing mentioned in our employment contract about redundancy.

We share the cottage with our three young children. We don't pay rent and most of the utility bills are included also.

That does sound like textbook redundancy. I'd speak to Acas.

https://www.acas.org.uk/your-rights-during-redundancy

Do they pay your wages on PAYE? Does your contract say you are their employee (as opposed to self employed workers). If you are an employee then they are literally making you redundant and you are entitled to statutory redundancy pay.

You say that there was a four year gap when you had your children, was that both of you or just you. Also when did you start working again following the gap. If it's less than two years then they may not owe redundancy.

It doesn't matter whether your contract says anything about redundancy. If you started work for them again more than 2 years ago, you are entitled to redundancy pay. That is the law. However, the time you worked for them before the 4 year gap doesn't count towards your entitlement.

Thank you! I'll take a look

Contact says we're their employee and we are PAYE

We both left when we had our children because I couldn't carry on doing my job and they had to replace as with another couple.

We returned to work for them in May 2021 so coming up to 3 years next month.

We're not neive enough to think we'll get a lot of redundancy but a little "thank you for all your hard work" would be massively appreciated. They are a VERY well off family which makes it more annoying. We need good references so husband's view is is that that's more important than rocking the boat and recieving the bare minimum of redundancy pay.

I honestly think you should ring the ACAS helpline ASAP OP, this is complex as your home is tied to your employment and you risk being homeless as well as jobless, so you need very good, very expert advice as early as possible. ACAS helpline will speak to you over the phone about your specific situation, your rights, how to approach the whole thing.
Best of luck.

Yes this is a redundancy situation. However the "4 year break" will effect how much you are owed - it's unlikely that you would be able to count the employment before this break. Your continuous employment will start from when you returned after this break. Continuous employment status is protected for 12 months if you just take normal maternity leave but not for 4 years.

Statutory redundancy pay is due if you have been in continuous employment for at least 2 years. You are due one week's pay for each full year of continuous employment you were 22 or older, but under 41 at the time of redundancy, or one and half week's pay for each full year you were 41 or older.

In a larger employer there would be a consultation about redeployment to another role but that's not really going to work in a family situation like this.

https://www.gov.uk/redundancy-your-rights/redundancy-pay

Here's the rules about redundancy payments and how to calculate. The service before your break wouldn't count based on what you've said.

Typical notice period and statutory redundancy would equate to 6 /7 weeks pay based on what you've worked since 2021

You're getting 4 months pay and housing currently, which in my mind is above what you're legally entitled too.

Not sure you want to push for anything else considering the above.

Despite the generous notice etc, I still think you should be getting a minimum amount of redundancy pay.

Agree with pp, speak to ACAS who might refer you to someone with legal nouse. Good luck.

Redundancy pay should be in addition to notice period

Actually I absolutely agree with this.

I think you should be entitled to a bit of redundancy pay, as it is more than 2 years since you returned. It won't be much though, as the previous service before you took a break won't be relevant.

What’s your contractual notice period

yes you are entitled to redundancy pay, but it will be pretty minimal (though tax free). If your notice is only 4 weeks (for example) then having notice and free accommodation until end of august js much more valuable than the statutory redundancy pay.

I agree a gesture would be lovely, but they are clearly not minded to, and I suspect the OP would rather not be faced with finding a new home in a few weeks time if they decide that because you’ve asked for redundancy pay they’re going to stick to the law too.

True. If they're offering you more than the contractual notice period, it might be much better than what you would get with a redundancy payment in any case.

This is made so much more complex by the fact you will lose your home due to being made redundant. I would take advice, you might have legal helplines available to you or citizens advice could help or signpost where to go for the right information. I suspect they would struggle to get rid of you if you refused to move out though I understand why you wouldn’t want to do this, especially if relying on references.
The best thing to do would be secure a similar post including accommodation and then request your redundancy payment. This would save rocking the boat whilst you need a reference from them. I assume if they refuse there would be avenues you could pursue.

Yes, I'd check your entitlement and think about this very carefully before raising it with them.

Don't forget they should be paying you any annual leave owed.

This.

Statutory redundancy is one weeks pay for every full year worked between 21 and 44 years old. You have three years, it seems, so it’ll be 3 x your weekly wage.

That’ll be tax free, but unless you’re on an insane weekly rate, it won’t be as much as you’re going to gain not having housing costs until August.