Employment Law

[wallis1007]

My better half was working at a pub/restaurant for about five years when the landlady decided to sell and move on. Better half was told the new owners would carry on employing her. The place shut for a few weeks during the sale so obviously no work during that period. But, when the place reopened and she went to work her shift the new owners told her there was no job! So she's not been sacked or laid off so surely she should still have job in theory. Can an employer just decide to do that? Anyone know if this is legal. Seems a bit odd to me.

TIA

[Peter Pedant]

The principles are straightforward

Mrs W was told that employment would be continued ( does he have any evidence for this like a letter ? )
and so the rules in TUPE apply

he has been unfairly dismissed and so can sue for this ( and I think gets one weeks money for each year employed )

first sto p is the CAB who can look over what you have
and then onto an employment lawyer who may ( incredibly ) take it on on a no win no fee basis

It strikes me she has a job and has been unfairly dismissed

[Maydup]

I recommend she contact ACAS who have a free helpline - no question about her having a case for re-employment under her original terms.

http://m.acas.org.uk/index.aspx?articleid=2042

[EDDIE51]

Was she formally told or was it just word of mouth?
Also did she have a contract of employment ? I have worked in a lot of pubs and the employment is often on a casual shift to shift basis.

[Peter Pedant]

I can answer Eddie's question

yes she did have a contract of employment if she turned up regularly and got paid and since it is more than two years should be protected

whether it was written or not is irrelevant. ( the only alternative for [work-money changing hands] would be contract for services and I can tell you she didnt have one of those

[fiction-factory]

I agree that there was a contract, even if unwritten, but if there was no TUPE this case could be difficult if her claim is against the former employer who is no longer in business

[fiction-factory]

I meant to add that ACAS is definitely the best place to go- asap.
How many hours a week did your OH work? I'm just wondering how much he can claim- perhaps only 4 weeks' notice plus some statutory redundancy pay.
Was the work official- tax and NI deducted?

[Peter Pedant]

TUPE depends on the facts of the case
if as stated the business was bought and sold
then it is a question of law and not choice for the employer

also if you think about it
as TUPE would put her in the position of HER telling the employer what her oral contract was - I would like to see the employer's fact at that

getting her job back is possible under the legislation
but as an outcome is pretty unlikely
compo is more likely

[ubasses]

https://www.tssa.org.uk/en/Your-union/your-workplace/employment-rights/tupe--a-guide-to-the-regulations.cfm

This site explains it quite well, and sole traders selling business is mentioned. Might be worth her printing out and taking it with her when she meets with them.

[fiction-factory]

Yes, I'd expect the terms of the sale of the business to be relevant, but I don't think we have enough info other than to say see ACAS and there will be an entitlement to compensation for notice, possibly unfair dismissal or redundancy, probably statutory if the business was no longer a going concern

[EDDIE51]

I asked because many pub/restaurant jobs are 'cash in hand' especially where it is just for a private landlord rather than a company.

[Dogsbody2]

It would be unlawful to carry on a casual arrangement of cash in hand over this length of time, but it undoubtedly happens. She did have an employment contract.
ACAS would be the best people to help unravel this at this late stage, but on the evidence thus far the outgoing landlady had a legal duty under TUPE to consult and it appears she failed to do this.
At this late stage, ACAS may well conclude she seems to have been dismissed without notice, unfairly. Getting a job back off the new owner is unlikely, and the best outcome would be money for unfair dismissal.

[Peter Pedant]

yeah sock it to them Dogzbody !

gold star for your fridge and should be Best Answer !

[Peter Pedant]

O god whenever I go into a pub/restaurant I ask the staff !

usually connected with -" I wanna leave a cash tip will you get it ? "

There must be something wrong with me - it is something to do with the tips being lawfully used to make up the min wage..... sorry a bit off point