Passing away whilst on redundancy notice.
Passing away whilst on redundancy notice.
Author
Discussion

Buster73

Original Poster:

5,610 posts

182 months

Friday 11th January 2013
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Would the redundancy pay be due to the estate of the person who passed away or would it not have to be paid at all ?


ALawson

8,054 posts

280 months

Friday 11th January 2013
quotequote all
What does the contract say?

anonymous-user

83 months

Friday 11th January 2013
quotequote all
Basic redundancy pay is a statutory entitlement, not a contractual matter. Some contracts provide for additional pay.

Section 176(7) of the Employment Rights Act 1996 provides for a statutory redundancy payment to be claimed by the Personal Representative (Executor or Administrator) of a deceased employee, so, yes, the payment is due to the Estate. As for a contractual payment, that too would usually be a debt due to the Estate, absent express provision to the contrary.

condor

8,837 posts

277 months

Friday 11th January 2013
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I'd have thought that the Company would have life insurance provision if the employee died in service...which is likely to be a lot more than the redundancy payment.

pingu393

10,958 posts

234 months

Friday 11th January 2013
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What the contract / terms of service says, but I would guess...

If you are on notice, you are still an employee, so death-in-service terms would apply.

If you have completed notice, redundo would have been paid and you are of no concern to the company until pension time.

Buster73

Original Poster:

5,610 posts

182 months

Saturday 12th January 2013
quotequote all
Breadvan72 said:
Basic redundancy pay is a statutory entitlement, not a contractual matter. Some contracts provide for additional pay.

Section 176(7) of the Employment Rights Act 1996 provides for a statutory redundancy payment to be claimed by the Personal Representative (Executor or Administrator) of a deceased employee, so, yes, the payment is due to the Estate. As for a contractual payment, that too would usually be a debt due to the Estate, absent express provision to the contrary.
Cheers .