TUPE/redundancy/Lay off?

Flooz

I need help, haven't a clue what I'm supposed to be doing, so am hoping someone can at least point me in the right direction.

It's a bit of a tale, so please bear with me.

I'm a leaseholder of a pub, owned by a large pubco. I was due to surrender my lease in February, but the people that the pubco had arranged to take over were refusing to TUPE my staff, and therefore pulled out. We agreed with the pubco to stay a little longer.

Unfortunately, my husband was rushed to hospital with a heart complaint (never had any problems before), and although he's now been discharged to out-patients, has been advised not to return to working. So, the pub is now closed and the pubco are ignoring our telephone calls.

I've got 2 staff: one is a young girl who isn't worried by no work at the moment, and will probably already be looking for a new job.

The other, however, is pregnant, and is able to start maternity leave at the end of this month.

I don't know what I'm supposed to do. Neither is technically 'redundant' because the pub will reopen at some point, although not by us, therefore the jobs are still there. I want to do everything I can to protect them, but also have to be mindful that if we're not trading, we don't have any money coming in to pay them either (we were leaving the pub after several years of losing money).

I'm a firm believer in abiding by the law, so am not looking to 'get out of' my responsibilities. The pubco, however, will probably be looking at this as an excuse for me to 'deal with' the staff, so they don't have to be TUPE'd.

Can anyone help, please??

getmore4less

No idea how this works for leased pubs but a couple of questions no idea if they will help.

Why are pubco not automaticaly the new employer responsible for the TUPE?

If they can't find tenneats should they not put in a manager?

If you don't have layoff clauses in the contracts you should still be paying them and there is the gaurantee pay if you do.

Whats your current agreement on the lease?

Flooz

Thanks for answering.

I guess the pubco isn't responsible, as they only act as landlord and supplier, they don't actually operate the business. I may be wrong on that, and I can look into it. Similarly, they won't put in a manager as such, but will try and find someone to take over on a 'tenancy at will'. I know if they do, then TUPE will come into effect. However, I suspect they will use our current closure against us.

I honestly can't remember what's in the contracts (again, I'll have to check) but I do know that I've included a clause about "hours changing in line with business needs". Neither employee has complained to us yet, although one was on paid holiday at the time.

Our lease still has 7 years to run, but we were due to surrender last month. Again, the pubco is being difficult, despite knowing the health issues with my OH now.

Does that help at all?

I'd not heard of 'guaranteed pay' and am looking at that now. I hope it's one of these payments that we can claim back from HMRC, otherwise I've not a clue how we can pay it :-(

getmore4less

Not sure way beyond my knowledge.


For a pub I would think not having layoff clauses would be madness so you probably do have something

From an employees perspective.
http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10026693


If the employees are not that bothered then you are probably OK for now just be prepared for what they can ask for, possible redundancy, the maternity I have no idea.


if insolvent get some advice.


I guess for you guys is getting back to full heath and sorting out what you do with this loss maker.

Flooz

Thanks again. I shall look at the link later to get some ideas. Neither staff has been with us in continuous employment to qualify for redundancy pay (as far as I'm aware anyway), we are at our year end anyway, so have used their holiday entitlement too. I believe it's statutory notice that has to be paid, along with possible statutory guarantee pay.

It's the maternity pay that I'm concerned about, in as much as how it's dealt with - either I pay, and claim back from HMRC, or the DWP pay - I simply don't know.

We're not insolvent, although we would be if we had traded for much longer, just one of the reasons for our planned 'escape'.

I'll see what I can find.