Redundancy

[DanFlo]

My employer has sold her business and i've been given a weeks notice, with no consultation about the sale to give me a chance to find another job. Is this right?

[TonyV]

how long have you been employed?

[factor-fiction]

Were you the only employee?

[boxtops]

No chance of the new owner taking you on, to keep the business going, under any sort of TUPE arrangements?

[DanFlo]

Employed for 4 months, two of us involved with no TUPE as far as i know.

[factor-fiction]

What notice provision is there in your contract? If your contract says a week then that is sufficient. If it says 4 weeks then you should get 4 weeks' paid notice.
There is no entitlement to redundancy pay.
There is no need for the employer to consult if you have less than a year's service- the employer can just dismiss you (with contractual notice)

[pink-kittens]

your boss doesnt have ot give you any notice as u have not been there for long enough

[factor-fiction]

Surely not quite correct, pink-kittens: the employer has to give notice in accordance with the contract

[DanFlo]

My employer went into liquidation at the end of jan and started up again with a different name and his wife is named as a director now in her maiden name. they are treating me as a piece of sh!t and have under paid me, been told i have to work my notice otherwise i will lose my holiday pay, where do i stand?

[factor-fiction]

Yes, you have to work your notice if they ask you or you will be in breach of contract.
You still haven't said what the contractual notice period is

[pink-kittens]

Not as far as I can see factor - the op has only been employed for 4 months

[pink-kittens]

OP, your holiday pay won't be a huge amount anyway, is it worth the aggro and stress?
http://www.direct.gov...dholidays/DG_10029788

You are only entitled to one weeks notice at the most
http://www.direct.gov...edundancy/DG_10029832

"If your employer has selected you for redundancy you must be given a notice period before your employment ends. The statutory redundancy notice periods are:
at least one week’s notice if you have been employed between one month and two years"

[factor-fiction]

Hi pink-kittens.
I see you now accept that DanFlo is after all entitled to some notice.
However. I'm still not sure I agree with the statement "one week's notice at the most". I think you mean one week's notice at the least- the statutory minimum is one week but if the contract specifies a longer period- say 2 weeks- then that is the entitlement.
The only thing I'm not sure about is whether this employs to small businesses- I remember many years ago that very small firms were able to exempt themselves from some things, but I'm pretty sure that's not the case now.

[Ellipsis]

factor30 is correct.

DanFlo, the very fact that you are being asked to work your notice means you will be paid your notice. Your notice period is guaranteed to be at least one week. You need to check your contract to see if it should be any more than that.

It's not unusual for people to be paid their notice period without being required to work it. However, that's normally because it suits the employer to do so. In your case, DanFlo, your employer DOES require to work it so, if you wish to be paid it, you will need to work it...

[DanFlo]

Thanks for all your posts. Obviously my employer isn't obliged to consult me about the sale. I work a 4 day week, so one day left for me to work, which i have been paid for.
Btw, i wouldn't sign a contract because of certain issues within it.

[bednobs]

why should your employer consult you about her business decisions?
As has been said you need to work your notice (although it sounds like you pretty much have done anyway) and if they have underpaid you, You could take them to small claims court for the wages you haven't recieved, although it might be best to talk to her about it first and see if she will pay them to you.
Although it's pretty rubbish to lose your job, you have to understand that she could ahve just given you notice for any reason or no reason and you would have still had to leave as you have worked there for such a short time