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What to do if you need to make a PA redundant

What is redundancy?

There may be a time when an employer has to make their personal assistant (PA) redundant. Redundancy is dismissing a PA because the role is no longer required. There are different reasons for a redundancy situation including:

• The person receiving support moves to residential care and the role is no longer required
• The person who receives support unfortunately passes away and the role of the PA no longer exists
• The support plan has been reviewed by the local authority and a direct payment is no longer received

The above are some examples of when redundancy can occur, the Employer Support service will help you determine whether redundancy applies in each situation.

Penderels Trust and Darlington Association on Disability (DAD) will work together to support you through the redundancy process and this factsheet will tell you how each stage will happen.

What is redundancy pay?

A personal assistant who has been employed for 2 years or more continuous service will be entitled to a statutory redundancy payment. The actual amount of redundancy pay is based on a PA’s date of birth, weekly earnings and length of employment.

Do I need to pay notice?

Notice pay applies in certain circumstances and will be calculated as part of the redundancy process. Your PA will also be entitled to holiday pay on holidays occurred and not taken.

What happens first?

If you are in a redundancy situation please contact DAD by telephoning 01642 049920. You will be allocated an Independent Living Advisor who will ask questions to support you to get the redundancy process started, it would be helpful if you have the following readily available:

• What date is the PA’s employment expected to end or What date did the PA’s employment end
• What are the circumstances?
• If the direct payment funds are held in the persons own bank account what is the balance
• Has the final timesheet been submitted to Penderels Trust and what date does this go up to?
• What are the PA’s contracted hours and hourly rate?

The Independent Living Advisor will support you to go through your employer’s liability insurers, you must follow their guidance throughout the redundancy process to stay insured should there be any dispute arise.

The Independent Living Advisor will also confirm with the social worker date and reason for the direct payment stopping, they will also notify Penderels Trust.

IF the existing employer is no longer available DAD will need to establish who will provide instruction until redundancy resolved this could be next of kin or social worker.

What happens next?

Usually a series of meetings is to be held between employer and PA which covers the fact that there is a potential redundancy situation, whether any alternative can be found and to confirm that redundancy is not avoidable and notice issued. DAD will support you throughout this process, including liaising with your insurance company, taking notes and issuing template letters.

Sometimes a redundancy occurs and meetings cannot be held (for example if the employer is urgently taken into residential care). In this case it is still important to contact DAD for support.

If redundancy is applicable, Penderel's Trust and DAD will liaise to gather the information needed to progress the final payment to the PA. Penderels Trust will then liaise with Middlesbrough Council in order to authorise the payment. If there isn’t enough direct payment funds to cover the final payment Middlesbrough Council will provide extra to cover this.

DAD will then send out the final letter and financial statements to the Employer.

Final Pay

Once the final timesheets have been submitted and processed, Penderels Trust will send the employer a ceasing form which will need signing and returning. Penderels Trust will aim to process the PA’s final pay on the cycle after.

For those who have a managed account:
Penderels Trust will process payroll, arrange to pay final wages and send final payslips to employer.

For those people who manage their direct payment in their own bank account:
Penderels Trust will process payroll and send final payslips to employer to make payment of final wages to PA.

Opportunities for PA’s who have been made redundant

There may be other direct payment employers who are advertising, should the PA wish to apply they can contact 01642 049920 or email Employer Support for an application form.

There is an opportunity to join a Personal Assistant Register, this is a list of people looking to work with disabled people who use a direct payment. By joining the PA Register, you are not applying for a specific role. If successful, you will be directly employed by the person you support and not Darlington Association on Disability.

Middlesbrough’s Job Centre can be found at:
James Cook House, 79 Corporation Road, Middlesbrough, Cleveland, TS1 2BA. Tel: 0800 1690190

Registered Charity No. 1125848. Company No. 6688735

©2017 Darlington Association on Disability