TUPE advice please?

Zazen999

SarEl wrote: »

Sorry, it isn't wishful thinking on his part. TUPE probably does not apply - there are a lot of situations where it doesn't. The tenancy of a pub is a contract between the brewery and the tenant. Unless the tenancy agreement specifcially states that the tenant must take on the staff and liabilities of the previous tenant, then the tenant does not have to. And I very much doubt that any tenancy agreement would contain such a clause, nor do I believe it would be enforceable in law.

Someone is playing games with you.

The above was posted at 17:17, but on the forum that drew your new best friend here, it stated a minute earlier that you had given the above advice. Even with a time difference that's pretty quick to be shifting between fora and dismissing advice given.

And in a later post it seems that all 3 people on this thread are one and the same....quote...

(Unless it was in a tribunal/court though (I would love that)) it wasn't so much about making mincemeat out of them though (particularly not given such a warm welcome all three (one) of us (I) received), but ensuring people like you that read these threads aren't misled based on spurious comments by alleged barristers.

http://www.ukbusinessforums.co.uk/forums/showthread.php?t=167356

SarEl - have you upset anyone in any courts recently?

Savvy_Sue

DavePoole wrote: »

The P45 is a tax matter and has no bearing on employment law.

Agree, my sons were TUPEd not that long ago, and I am fairly sure that soon after getting a letter saying it was going to happen that they received P45s from the old employer, before continuing to work under the same T&Cs with the new employer. Without that, the new employer wouldn't know what to do wrt PAYE.

Googlewhacker

gner_ex wrote: »

No way is this lady an employment law barrister. Even if the tenancy document is silent on the issue of staff, landlord number 2 has inherited a business (or part of a business) which employs staff.

In fact, even if the "tenancy contract" says that he doesn't inherit any staff, I think you will find that a tribunal will overrule that.

If you really are a barrister, please post the contact details of your chambers and I will call your clerk to apologise.

Out of interest, where does your knowledge come from?

SarEl

Zazen999 wrote: »

Someone is playing games with you.

The above was posted at 17:17, but on the forum that drew your new best friend here, it stated a minute earlier that you had given the above advice. Even with a time difference that's pretty quick to be shifting between fora and dismissing advice given.

And in a later post it seems that all 3 people on this thread are one and the same....quote...

(Unless it was in a tribunal/court though (I would love that)) it wasn't so much about making mincemeat out of them though (particularly not given such a warm welcome all three (one) of us (I) received), but ensuring people like you that read these threads aren't misled based on spurious comments by alleged barristers.

http://www.ukbusinessforums.co.uk/forums/showthread.php?t=167356

SarEl - have you upset anyone in any courts recently?

Oh yes, lots of people, not least quite a few employers and their legal advisers. I never make any firends amongst the latter since we do not represent employers at all.

But thank you for pointing this out - I shall, as you imply, stop wasting my time on this. I also note with interest that the OP says that he has worked at the pub for less than 2 years in this thread - and 14 years on the other thread you have pointed out.

Googlewhacker

A quote from the OP on the ukbusinessforums

'Thanks to you both, I did enjoy you making mincemeat of them on there. Don't think Martin Lewis would put his name to any of the advice they were handing out.'

Martin Lewis doesn't put his name to anyones advice from the FORUM (I think) where people can put their views and advice across if they so wish.

Really you should get views from people and there will be someyou agree with and some you don't but then go and do some proper research by seeing a solicitor etc.

CFC

Lawyers disagree in their views. That's why we have judges and ETs. You've had advice, for which you have been truly ungrateful, and now you've had other advice. TUPE can be complex in practice, and therefore end up in ETs as both sides think they are correct, despite Karl's simplistic assertions that it isn't.
Pick the advice you want to act on, and act on it or ignore both if you wish. Ring ACAS for help and support in the situation.

allioli

I didn't claim to have worked in the pub for 14 years in 1 post and 2 years in another. In reference to applying to my last employer for redundancy I had worked for my last employer less than 2 years so he wouldn't be liable to pay me redundancy. The tennant who had the pub prior to the one who has just left I worked for for 12 years

I've worked in the pub since 1996.

As for the invitations to accept the advice or not. Thanks given to everyone thats offered it here on moneysavingexpertforum and ukbusinessforum and the advice that I recieved on consumeractiongroup forum who felt the advice I recieved here, on this occasion, regarding TUPE, was inaccurate.

Zazen999

allioli wrote: »

I didn't claim to have worked in the pub for 14 years in 1 post and 2 years in another. In reference to applying to my last employer for redundancy I had worked for my last employer less than 2 years so he wouldn't be liable to pay me redundancy. The tennant who had the pub prior to the one who has just left I worked for for 12 years

I've worked in the pub since 1996.

As for the invitations to accept the advice or not. Thanks given to everyone thats offered it here on moneysavingexpertforum and ukbusinessforum and the advice that I recieved on consumeractiongroup forum who felt the advice I recieved here, on this occasion, regarding TUPE, was inaccurate.

Why would TUPE apply this time round but not last time; surely if you were TUPE-d across last time then your contract would have also deemed you liable for redundancy this time round?

allioli

Getmoreforless suggested I make a claim against my previous employer for redundancy as I had been issued a P45 by him.

K_Limpert

SarEl wrote: »

I also note with interest that the OP says that he has worked at the pub for less than 2 years in this thread - and 14 years on the other thread you have pointed out.

There is nothing to compare with actually relying on facts. The OP never said in this thread that he worked at the pub for less than two years, the quote actually being:

allioli wrote: »

I have worked at the same place of work for many years

For some of us "many years" would be an indicator that the OP meant more than two years, and (to borrow a quote)...

SarEl wrote: »

...nobody with a brain cell would say that they fully understood...

...that "many years" could mean less than two.

One can only assume that while barristers now can't grasp basic facts, they can still read law! :eek:



Karl Limpert