Bay Trading

jase1422

Hi All,
I don't know if anyone on here can help but i'm after some advice. My better half works for bay trading who were until yesterday in administration, they have been bought by the rinku group. They have now started shutting down shops all over the country and it looks like my better halfs shop is going to be shut soon. She has only worked for them for just over a year but in her contract it says that she must ive 3 months notice to leave and vice versa. do the new owners have to honor her contract and pay her the 3 months in leu of notice or will she get nothing.
thanks in advance

Numpty_Monkey

I think they do have to honor your OH 's contract, It should come under TUPE,
but not sure if that counts with companies in administration

There might be something usefull in this
http://www.berr.gov.uk/whatwedo/employment/tupe/index.html


And i went dizzy trying to understand this bit:eek:, which seems relevant to you
http://www.berr.gov.uk/files/file30031.pdf

JCfacts

Reply for Jase1422: If your other half works for a branch that is to be closed by the administrators (Deloitte) and its a branch that is not one of the units taken on by the purchaser she should complete a form called RP1. This will be issued by Deloitte and she can only submit the claim if she is made redundant. If she is one of the lucky ones whose employment is continued by the purchaser then her service will carry forward under the TUPE regulations.
She will be entitled to claim statutory payments only if she is made redundant. One week's notice (rather than the written contract of 12 wks notice) as the contract is void when a company is in administration. She should also claim any wages and holiday pay on the form RP1. No redundancy pay is due as she has less than 2yrs service. The payments are met from the national insurance fund via the The Insolvency Service. Hope this helps