Notice

[Paulsou]

My daughter has just been given one day notice that the salon where she works will close at end of today. She has worked part time for this salon for 3 years. Are the owner of the salon allowed to do this? Would my daughter be entitled to any sort of redundancy package? They have offered her nothing! What can she do?

 

[Hash and Bash]

Is your daughter an employee of the salon owners or does she work on a self employed basis?

 

[thelegalstop]

If there is an employment contract, then it should include a termination clause. It depends on what she has signed.

 

[Newchodge]

Yes she is entitled to 3 weeks notice, at least, and redundancy money which will depend on her age.

 

[MASSEY]

I think the entitlement to redundancy starts after 2 years now, so she is presumably entitled to one weeks pay.

 

[Newchodge]

I think the entitlement to redundancy starts after 2 years now, so she is presumably entitled to one weeks pay.

It has always started after 2 years, but the calculation is 1.5 weeks for every year aged over 41, 1 week for every year aged over 22 and under 41 and 0.5 weeks for every year aged under 22.

So, if she is 26 she would get 3 weeks redundancy money.

 

[Paulsou]

My daughter is 21 & she is employed by the salon and has not been offered a penny!

 

[Newchodge]

Then she can make a claim to the employment tribunal.

Was the employer a limited company?

 

[sarahjkingsk]

If she is an employee of 3 years she is entitled to a minimum of 3 weeks notice and 3 weeks redundancy which is based on gross pay. You don't say why they are closing and the status of the business. They may appoint administrators or liquidators who will also deal with the employee claims. If she does not get it off the business then the Government step in. She will need to make a claim to the redundancy payments office and fill out the form. Hope this helps

 

[thelegalstop]

I think she needs to dicuss the situation with the current employer and if they cannot come up to an agreement, then she can submit a claim to the employment tribunal

 

[Newchodge]

If she is an employee of 3 years she is entitled to a minimum of 3 weeks notice and 3 weeks redundancy which is based on gross pay. You don't say why they are closing and the status of the business. They may appoint administrators or liquidators who will also deal with the employee claims. If she does not get it off the business then the Government step in. She will need to make a claim to the redundancy payments office and fill out the form. Hope this helps

As she is only 21 she is only entitled to 1.5 weeks redundancy, and 3 weeks' notice

 

[Thebop]

If the business is closing then you might have a up hill battle getting anything.

Depends on when you finally get an award from a tribunal if the business has any assets left.

At least this is how I think it works it would be well worth getting some free legal advice which she would be entitled to as she is not working.

 

[EddyP]

1 day's notice really doesn't sound right.

I don't suppose she has a contract or any kind of documentation that might specify the notice period? If not a personal employment contract then some kind of policy from the employer?

 

[Newchodge]

1 day's notice really doesn't sound right.

I don't suppose she has a contract or any kind of documentation that might specify the notice period? If not a personal employment contract then some kind of policy from the employer?

The statutory minimum is 1 week per complete year of service up to a maximum of 12 weeks. A contract can specify more, but cannot be relied on to impose less.

If the company was a sole trader then you need to make a claim against them personally, trading as ..... If a limited company then the claim is against the company. If a limited company and in liquidation you can apply to the national insurance fund for the money. If not a limited company, the individual is personally liable, unless they are bankrupt.

 

[danielrobert48]

Then she can make a claim to the employment tribunal.

Was the employer a limited company?

I think there is no use for claiming even as those employers who do such fraudulent things have many means to prove you wrong just to save themselves. I have faced such scenario once, I made a complaint but it wen in vain.