Can my employer avoid paying redundancy ?

greyjaybee

Wonder if anyone know about the following situation in which I find myself.
I am 60,work as housekeeper for family in Country House. Have a usual 'service occupancy' contract which was changed last year to allow me to work on to 65,and live in their cottage.
They have told me they are selling up and that I must find someone else to live and that my job will end. I know I am entitled to redundancy payment and what amount as statutory minimum, but there has been no mention of any payment either in writing or verbally. There is also talk that should a new owner wish me to remain in my job they would recommend me etc. I might want to to do this if T's and C's are agreeable to me however I dont know if my current employers would still have to pay me anything as technically my job would continue in those circumstances.
I'm assuming that our contract would end and so I would be still being made redundant but a friend feels this might be a very nice get out clause for them to avoid paying me.
Any ideas, thoughts greatly appreciated.

getmore4less

You would want the new employment to have service protection, this might put off the new employer enough to force the old employer to have to make you redundant

How many years service do you have?

Weirdlittleman

It may well be TUPE anyway hence until such a time it is sold and the new owners make a decision concrete plans or decisions may be difficult.

Barneysmom

What's TUPE?

Weirdlittleman

Basically it means if the company sells up then if the job still exists the new owner may be obliged to retain existing employees on existing terms. I.e if the new owner decides they also need a housekeeper you may well find everything stays the same.

greyjaybee

getmore4less wrote: »

You would want the new employment to have service protection, this might put off the new employer enough to force the old employer to have to make you redundant

How many years service do you have?

Thanks to everyone who has answered my complicated question here !
I have 9 years service.
I do realise until house gets sold difficult to really comment but I have never had any experience of contracts ending in this way in the past.
If I choose not to to continue working for the new employer who buys, does this also mean that my current ones wouldnt have to pay me ?

greyjaybee

getmore4less wrote: »

You would want the new employment to have service protection, this might put off the new employer enough to force the old employer to have to make you redundant

Sorry I forgot to ask previously, when you say 'service protection' do you mean simply a new contract similar to my existing one which is known as 'Service Occupancy' or do you refer to something different which would give me more rights perhaps.
I see where you are coming from though.
Thanks very much. I am frankly terrified !

getmore4less

greyjaybee wrote: »

getmore4less wrote: »

You would want the new employment to have service protection, this might put off the new employer enough to force the old employer to have to make you redundant

Sorry I forgot to ask previously, when you say 'service protection' do you mean simply a new contract similar to my existing one which is known as 'Service Occupancy' or do you refer to something different which would give me more rights perhaps.
I see where you are coming from though.
Thanks very much. I am frankly terrified !

Refering to employment service those 9 years, not anything to do with the type of work.

IF you look up TUPE that will give you an idea, not sure if you can force a TUPE transfer if the new employer wants a house keeper but not you or you but not with the current T&Cs.

I think a call to ACAS might be worth doing to see if htey have any guidace.

A web search, found an estate in scotland where the sale paticulars have 2 employees in accomodation that must be TUPE transfered.

http://www.ckd.co.uk/pdf/deanfarmdraftbrochure.pdf

It might be that you could get your current employer to include you in the sale, another reason to check with ACAS.

greyjaybee

Thanks so much for all of this.
I'm now not quite sure whether to laugh or cry at the prospect of being 'included in the sale' like a piece of furniture.
I may well it seems, just have to grit my teeth and see what occurrs when whomever buys the pile. I am grateful to you..........

McKneff

and dont let them fob you of with 'Well, youre 60 now so youre not covered because yoour retirment age' Women these days are protected until they are 65 whether of retirement age or not.

If you chose to end your employment yourself then of course you will get nothing.

getmore4less

greyjaybee wrote: »

Thanks so much for all of this.
I'm now not quite sure whether to laugh or cry at the prospect of being 'included in the sale' like a piece of furniture.
I may well it seems, just have to grit my teeth and see what occurrs when whomever buys the pile. I am grateful to you..........

It happens a lot in business employees are just numbers on a sheet.

My view in any employment situation is to decide what you want ad try to make that happen.

Many employers(even those with full HR teams) either try it on or don't know what the rules are. so it can turn into a game/legal battle.

What do you want to happen?
What are the curent emplyers like?
What's in the contract?
What is the length of service?
Don't just sit and wait negotiate to get it.

Remember at 65 you can be retired so what are the backup plans for that

I have to say that I am drawing on my experience with employers and the legislasion there may be special rules for tied service/accomodations.

Definately seek advice from more informed sources.