Bosses selling business

neverindebtagain

If I renew my contract in January with the current bosses (married couple who are divorcing), do I have to stay with the new ones (when and if they sell). There is only me that works in the office (other than the wife but she will leave). I do not want to stay on when they sell

bendix

Of course you don't have to stay on. Slavery was abolished around 200 years ago. You might have missed the news that night.

altyfc

I'm not sure that's a helpful response. neverindebtagain would presumably have to honour the contract as per its terms or face repercussions for breach of contract. Is your contract between you and the individual or you and a company name?

neverindebtagain

I have never been in this situation before, I just wondered was there any obligation to stay for the change over as my employer said the other day that I was included in contract with the company who are advertising it, along with the other employees, we would be on trial for 3 months with the new employers. But I just wanted to make sure that I can walk away the same day that my current employer walks away

neverindebtagain

It is drawn up with my bosses name on and the business name, but my female boss signed it, thank you

bendix

altyfc wrote: »

I'm not sure that's a helpful response. neverindebtagain would presumably have to honour the contract as per its terms or face repercussions for breach of contract. Is your contract between you and the individual or you and a company name?

Obviously, but said contract will obviously have the usual break clauses and terms of notice.

The employer has absolutely no power to 'include' the OP in a contract like this. The OP is not a fixture and fitting; can leave when they like subject to normal contractual / employment law arrangements.

Similar cases - usually involving a named chef in the sale of restaurants, for example - have been challenged and the law ALWAYS comes to the same conclusion.

heretolearn_2

It probably involves TUPE - which is designed to protect employees on the sale of a business, in that you can't all just be sacked by the new owners and they have to carry your employment over. There is no obligation on you to remain however, if you prefer to leave, as someone said, slavery is illegal now (that was my first thought too :-0 ). Just hand in your normal notice of resignation.

But why don't you give the new owners a shot? Jobs aren't easy to find these days.

Pete111

Strangely, several posters are right (in part) here!

OP you are likely 'included' as part of the business sale under TUPE law - this is designed to protect employees so that the owners cannot sell the business and fire you all when they do so.

However as Bendix says this does not of course mean you cannot resign (by giving the relevant notice) at any point - that remains your right if you do not wish to stay.

You should note that if you do choose to stay for the trial and the new owners decide they do not want you you would (if you have ovber 2 years service in total) likely be entitled to redundancy pay - they could not just fire you unless you did something akin to gross misconduct during this time. In addition, they cannot instantly impose terms of employment on you that are inferior to your current ones (ie lower pay) when they take over the business.

neverindebtagain

Thank you for your replies. I dont want to work full time and I am not qualified to train someone.My female boss sorts the wages out, tax, NI etc. That is not something I can do. I am glad to know that I can just leave when I want. At the moment my contract asks for a months notice for resigning. I may ask that if I renew can she just put a week. She did say that I can still work there next year without a contract but I dont think thats a good idea.

heretolearn_2

Are they saying that you will have to switch to full time and take on new responsibilities that you don't currently have?

In that case call ACAS for advice, as TUPE is meant to protect your current position. A new contract/hours can't just be inflicted on someone as easily as that. Don't go resigning - it's possible they may need to make you redundant instead and if you resign you'll miss out on the redundancy payment.

neverindebtagain

what does OP mean.