Death and reasonable time to pay people off

Discussion in 'Off-Topic Discussion' started by Jack McHammocklashing, Jul 3, 2016.

  1. Jack McHammocklashing

    Jack McHammocklashing Sludgemariner

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    I am facing the prospect of a close relative dying, She has a gardener and a cleaning lady
    Now the carers are on an on going monthly contract so that is not a problem

    The gardener and cleaning lady have been with us/her for over twenty years
    the time is approaching when they are no longer needed,
    I want to be fair AFTER the event to both persons

    Anyone know / suggest what would be a fair termination of employment

    The two have been loyal, cash in hand employee's and done more than was requested
    ie:- The gardener, does odd household repairs etc, The cleaner, runs to the Post Office and collects Aunts pension etc, gets food and shopping in above and beyond her employment requirement

    I can not state to them today that they have three months redundancy, I can only decide after the event it could be tomorrow, it could be next month, we do not know

    So once the event has taken place, what would you suggest I do for them

    Regards Jack McH
     
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    • clueless1

      clueless1 member... yep, that's what I am:)

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      Jack, you are such a caring, honourable man. What can I say.

      I am absolutely not qualified to answer your question. But given that it is abundantly clear you are a caring man of respect, the only suggestion I have is that you are absolutely honest with the staff about the situation. It sounds like they are loyal. But of course they have their own commitments. I can't offer advice but I can tell you what happened when my lovely boss feared the prospect of laying us off under different circumstances. She told us that times were difficult, and the company might have to fold. She told us there was enough in the bank to pay notice periods, and she told us there'd be no ill feeling if any of us jumped ship. This was about a year ago, and most of us are still there.

      I think in a situation like you describe, honesty is the only way forward.
       
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      • shiney

        shiney President, Grumpy Old Men's Club Staff Member

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        There's a difference between what is the law and what you feel is right.

        They have no rights under the law. They are not employees but are jobbing contractors. Even assuming that they declare their money to the Revenue they have no rights - and, almost certainly, expect nothing.

        It brings to mind the discussion that I had with the top lawyer in the firm close to where I used to work. Another customer had asked me virtually the same question and I said that I would try and find out. I had been cutting the solicitor's hair, every two weeks, for nearly forty years and he gave me a good way of looking at it. He said that if he died, would I expect his family to give me anything? I wouldn't have even thought of expecting anything!

        So you're now in the province of what your feelings are.

        Have you asked your relative about her thoughts on the matter?

        What some relatives do is to ask the gardener whether they would like a plant, or plants, from the garden to remember her by and ask the cleaning lady if there is something from the house that she would like to remember her by.

        Is there a Will and are there any executors? There may be a technical problem if there are executors because when the relative dies you're not allowed to touch any of the estate.

        From the way you've worded the question I would assume that isn't the situation so it's just down to you - but you need to think of what the rest of the family would like. Are you the closest relative?

        I know that the cleaning lady that works for us (3 hours a week for the last forty years or so) has other regulars but has never mentioned receiving anything when a client has died. :noidea:
         
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        • Anthony Rogers

          Anthony Rogers Guest

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          Hi Jack,

          I think you're just causing yourself extra worry at what is a difficult time.
          There are a lot of details missing here, has she any children or grandchildren, what about your parents or has she any other brothers/sisters ? Is there a will or signed statement? Does she own the property ?

          These people , like Shiney says are not employees they're people who give up their time to earn a backhander every week.
          They don't have to be paid off, they'll know that once your aunt passes that the house will be sold or whatever. As Shiney said, ask them if there's anything they'd like from the garden or house. However, speaking as someone who has dealt with probate etc, only do anything if you're the person handling the estate.

          Perhaps also you could tell them that you'll pass their details on to the people who buy the house ( however, be carefull how you do this, you don't want to sell to someone who works for the local tax office and then mention you've had two cash in handers for so many years. )
           
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          • shiney

            shiney President, Grumpy Old Men's Club Staff Member

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            Bear in mind that just because they have been paid cash doesn't necessarily mean that they have not been declaring it. Our cleaner, now in her seventies, gets paid cash but still declares it and has an accountant

            Ask them if they want their name passed on. When you do pass it on don't mention anything about whether their payment just goes in their pocket or not. That's nothing you can be sure of and nothing to do with you.
             
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            • "M"

              "M" Total Gardener

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              So sorry to read about your Aunt Jack; definitely not an easy time for you or the family :grphg:
              Anything you do *after* the event will be governed by any will and the executors.
              Any particular reason you do not wish to do anything for them *before* the event?
              Is it possible to discuss this with your Aunt so she can have a say in what she believes is fair?

              I'm going to make an assumption here and that is, as loyal people who have been serving your Aunt for the past twenty or so years, I'm guessing they have a fair idea what is going on with regard to your Aunt's health. Even if they have not been told, the signs will be there: carers in and out; the demeanour and general health of your Aunt. So, if "fairness" is the issue, then it is possibly the fairest of all to explain to them now what is happening in the same way you have told us e.g. it could be a month, it could be tomorrow. Then ask them if they wish to terminate their contract now, or wait until the event, or soon after? In my book, being open and honest with them will go a long way. They've been with your Aunt a long time and would have built up a rapport with her and, no doubt, developed a fondness for her. Bear in mind they may even wish to attend the funeral service.

              Good luck with whatever you decide, Jack. I'm sure you will do the right thing for all concerned :grphg:
               
            • Kandy

              Kandy Will be glad to see the sun again soon.....

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              :goodpost:Sorry to hear of your predicament Jack and hope that you have your Aunt for some time yet:smile:

              If these people have been with your Aunt for many years then they have probably been looked on like part of the family so for whoever is sorting out her affairs could let them know exactly what the situation is and if they still want to clean the house and tidy the garden it will be a good deed and less stressful for relatives to have to take on a weedy garden and a dusty house once your Aunt has passed away.

              If you feel like giving them gifts as a Thankyou for many years hard work then you could possibly give the gardener and garden gift voucher/card to use to buy themselves something to remember your Aunt by and the cleaner you could buy either the same if they are keen gardeners or a gift voucher/card for somewhere like the National Trust or M&S so that she too can buy something for themselves to remember your Aunt by. A nice Thankyou card each would also go down well and often a few kind words can make all the difference and show them that they have been appreciated for all their hard work over the years:smile:
               
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              • miraflores

                miraflores Total Gardener

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                In Italy when you leave a job you get a sum of money as a "gift" from the employer for each year you were in that job.

                Depending how much you care about the two employees, and considering their perspective employment at their age etc etc, I would work out a sum of money, HOWEVER SMALL, for each year they have been employed by you (clearly explained), and a nice gift.

                If leaving your job would leave them totally stranded, I would let them go gently in good time and plenty of notice, and have some temporary staff to cover their duties. It will also make it easier to cope with their feelings toward your relative, when he/she will pass away.
                 
              • Jack McHammocklashing

                Jack McHammocklashing Sludgemariner

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                Thank you all for your replies
                She is an old Maiden Aunt, with no family, just a niece (my wife) who has power of attorney
                though there are legal executors for a will
                At the moment she is in hospital in a bad way, not able to think straight or make decisions
                Keeps saying the bad men have locked her in a Dungeon and wants to escape etc

                I will take onboard all advice you have given, and if there is no provision in the will, then I will give them something myself

                Regards Jack McH
                 
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                • shiney

                  shiney President, Grumpy Old Men's Club Staff Member

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                  I'd be very surprised if there is anything in the will. :noidea:
                   
                • daitheplant

                  daitheplant Total Gardener

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                  Jack, over the years I have had 3 elderly clients pass away and each time the family asked me to carry on looking after the garden until a buyer could be found. Once a purchase was agreed I was, quite rightly, "let go".
                   
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                  • burnie

                    burnie Total Gardener

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                    My Aunt passed away last year, she had a gardener after my uncle passed, the executor of the will is keeping the gardener on until the house is sold, makes it easier to sell a house if it looks cared for. The gardener understands that when the house is sold, his work will cease, unless the new owner requires his services.
                     
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