What to do?

pepe2008

Can anyone suggest the correct Course of action?

Sons GF worked at a large Garden Centre ( National Name), while she was on Holiday a Concession Store was opened up within the main store and she was 'transferred' to the Concessions employ...a Co NOT connected with the main store in ANY way except paying Rent!
The Concession has now closed and she has been made Redundant...however.
The Concessions MAIN business still runs successfully and has another Store within 5 miles and their Head Office and Warehouse locally. The Business is Family Owned and all the family members who were working at the Concession are now working in the Main Business or at the other shop.
NO Staff that were 'transferred' into the Concession have been retained!

It now appears that the owners of the Concession store are no opening 2 new shops within 10 miles ....and there will be no offer of employment!

If she had not been 'transferred' she would still be working atb the main, v successful, garden centre which has now reopened the area (that was occupied in the Store by the Concession ) and is selling the same products as the Concession!....and they will not re-employ the Staff....but they are hiring!!!

No consultation on the Redundancy, no redundancy payment as only open for 9 months ( she was employed at the Garden Centre for 18 months before being transferred though ...so 2 years+ in total?)

ACAS is prob 1st step...anything else to ask or take into Account?

markandkate

Whilst there may be an injustice here she is not going to get a great deal of money of she pursues the matter. she will only get a couple of hundred pounds from a tribunal if she does succeed which is by no means guaranteed. If she goes to tribunal the case willprobably not be heard unitl the autumn as there is a long waiting list and hopefully by then she will have moved on. she will also need a reference which a tribunal has no power to order

Her best revenge is to get another job then go on holiday and send them a post card telling them what she has done with her redundancy money!

markandkate

Sorry if she was transferred then she has a total of 2 years service and is entitled to reduncany and should write and point this out

ceridwen

All her length of service should obviously count for redundancy payment purposes if it comes to it.

What way was she notified of this "transfer"? Does she have a letter telling her in writing that she was to be transferred to this concession - what did it say if so?

I would certainly be expecting - in her position - to be transferred right back into the main business. I think she needs to get her Union onto this (I hope she belongs to one........) - so that they can make it plain that she is still an employee of the main business and, as such, is due to be transferred right back to them. Alternatively - its entirely reasonable for her to expect to be given a job in one of the alternative outlets of this "concession".

sagalout1954

Statutory obligation info can be found here http://www.direct.gov.uk/en/index.htm

jdturk

ceridwen wrote: »

I would certainly be expecting - in her position - to be transferred right back into the main business. I think she needs to get her Union onto this (I hope she belongs to one........) - so that they can make it plain that she is still an employee of the main business and, as such, is due to be transferred right back to them. Alternatively - its entirely reasonable for her to expect to be given a job in one of the alternative outlets of this "concession".

A concession is a completley differant business to the garden centre and as such if they close down I cannot see how the employee has an automatic right to go back to the garden centre.

Why would you have to employ someone you have made redundant back again, that position has closed and a differant one has opened and whether its one day or 10 years I don't think there is an automatic right to be rehired.

jdturk

pepe2008 wrote: »

Can anyone suggest the correct Course of action?

Sons GF worked at a large Garden Centre ( National Name), while she was on Holiday a Concession Store was opened up within the main store and she was 'transferred' to the Concessions employ...a Co NOT connected with the main store in ANY way except paying Rent!
The Concession has now closed and she has been made Redundant...however.
The Concessions MAIN business still runs successfully and has another Store within 5 miles and their Head Office and Warehouse locally. The Business is Family Owned and all the family members who were working at the Concession are now working in the Main Business or at the other shop.
NO Staff that were 'transferred' into the Concession have been retained!And?

It now appears that the owners of the Concession store are no opening 2 new shops within 10 miles ....and there will be no offer of employment! I don't think your sons GF has a right to be remployed as the position is a differant one to the one she was made redundant in

If she had not been 'transferred' she would still be working atb the main, v successful, garden centre which has now reopened the area (that was occupied in the Store by the Concession ) and is selling the same products as the Concession!....and they will not re-employ the Staff....but they are hiring!!! Unlucky more than anything, the garden centre obviously thought they could make more money hiring it out, they obviously didn't and thus either cancelled the contract of renting with the concession or the concession decided it wasn't profitable and closed it themselves.

If they are not re-employing old staff it probably means they want to run it differantly or that the old staff were maybe the reason why they decided to try and get more money in rent.

No consultation on the Redundancy, no redundancy payment as only open for 9 months ( she was employed at the Garden Centre for 18 months before being transferred though ...so 2 years+ in total?)
This sounds like TUPE, might be worth pursuing the concession for this
ACAS is prob 1st step...anything else to ask or take into Account?

Its unlucky and not great for the sons OH however the only points that I would chase are 1) make sure the redundancy was done correctly by the concession and 2) look at getting two years redundancy payments