redundant or not, that is the question.

Flooz

Have a difficult situation that I'm not totally familiar with the legalities of.

I'll try to be brief, but that may not be possible.

I used to run a business (a leasehold public house), and when I left TUPE'd my staff over to the new operator.

The new operator turned out to be a 'bit of a .....' immediately dismissing one staff member, and reducing the other's hours down to 6 per week, and then refusing to allow her to work at all. She was 7 months pregnant at the time. Letters were sent which resulted in first staff member receiving 1 months compensatory pay, and the second being paid not to work, until her materity leave kicked in.

Hope you're with me so far.

Now 5 months later, the new operator advises that the pub has been sold 'for development' (many of you may be aware that pubco's are having a very tough time and selling off the freeholds of many of their pubs). He has contacted the member of staff, asking her to work out what she's entitled to in redundancy (although he initially refused to accept her entitlement, due to customer 'gossip'), this took place while staff member was in hospital with her 7 week old baby having neurological tests - as you can imagine, not a good time!

It is now understood that although the freehold of the pub HAS been sold, the new owners (it hasn't gone through yet) intend to continue operating it as a pub.

Now as far as I'm aware, this means that the staff member should be TUPE'd, with the new owners taking over all responsibilities for staff.

But can the current operator insist on making staff member redundant? Equally, he's trying to pay the remaining SMP in one lump, which unfortunately leads to a significant tax and NI liability. Although the tax can be reclaimed, the NI can't.

Trying to help my ex-staff member with what's right etc. but this has me a little confused.

If more info is required, please just let me know.

However, all advice is greatfully received.

Jarndyce

Yes you're right on the basis of what you are saying she should be TUPE'd over. If the current owner makes her redundant to avoid transferring her then that would be unlawful. Can't see why it is in his interests to do that anyway.

Flooz

Thank you Jarndyce. I thought as much. Do you have any idea of the consequences if he makes her redundant, and then a few weeks later, the new owners open the business in the same capacity?