Employment Tribunal - employer advice please

Fill_7

hi folks,

im kinda hoping someone out there will be able to offer me some accurate legal advice regarding an employment tribunal claim that recently landed on my doorstep.

i'll try and keep this as brief as possible, so first some background info....

i have recently took over a business where TUPE applies.
ii attained 2 staff.

in march 2011, as a result of the economic climate (dwindling salary, reduced footfall) he was left with no choice to reduce staff hours. the previous employer and i had a brief meeting with each of them to tell them of the reduction to their hours. they both appeared to understand the reasons why and accepted the outcome. this change was to take affect from april 2011.



i kept both staff on, on the hours they had been working since april 2011.

recently i received notice of resignation from one of my staff. the reason being she had found alternative employment which offered more working hours. i was sad to see her go after working alongside her for many years.

shortly after i receive an employment tribunal claim from her. her claim mainly being centred around that i reduced her hours at transfer with no prior consultation.

what kind of case do you think she may have. yes, i didnt provide her with a written statement and her previous employer didnt put it in writing or make amendments to her contract regarding chamge of hours. where doi stand as it seems to me she is trying to imply that i reduced her hours??

any help or guidance will be greatly appreciated.

kind regards,
Fill.

Uncertain

By the look of this claim she has obviously got professional advice so you really need to do the same.

I would also suggest that you have put FAR too much identifiable information on a public website. If she, or anybody she knows, sees this she will know exactly what you are being advised.

KiKi

I'm confused as to why she's claiming under TUPE - that implies that she transferred employment, and I don't see that it happened?

KiKi

Fill_7

i did think whether id given too much info, but i dont have anything to hide. if she sees it, she sees it. i want right to prevail over wrong here, whatever my advice.

thanks for your reply tho. yes she has taken professional advice. i would like to avoid seeking professional representation though as i am in no financial position to afford this. i was hoping to defend myself on the grounds that what she is trying to do is wrong?

i appreciate i may sound very 'green' at this moment!

regards
fill

Fill_7

kiki - i presume a TUPE occured as i took over their employment from my father???

i could be wrong tho.

KiKi

Edited because you've answered.

Was her contract with an organisation of which you are an employee? Or was her contract with the business your father owned, and then it moved to you, who owned a different business? Apologies, but I don't know enough about post offices and how they are run / managed.

KiKi

Uncertain

KiKi wrote: »

Edited because you've answered.

Was her contract with an organisation of which you are an employee? Or was her contract with the business your father owned, and then it moved to you, who owned a different business? Apologies, but I don't know enough about post offices and how they are run / managed.

KiKi

As I understand it, sub post offices are owned and run as small businesses by the sub post master who is paid a fee by the post office to provide certain services.

Fill_7

a sub postmaster is appointed by PO Ltd, and they (SPMR) act as a sole trader receiving a salary from PO Ltd monthly. her contract of employment was with my father, and since his retirement was with me (up until she resigned)

hope that a bit clearer

Googlewhacker

Sounds to me as she is chancing it personally.....she has only just complained of the changes in March now??? Sounds like she accepted the change in contract but thats just my view.

Go get professional advice!

SarEl

She has a "clever" lawyer. Not clever enough though. By far. A resignation in response to a repudiatory breach must be immediate - not six months later. This is what is called intimidation by law. It only works if you are intimidated. Based on what you say there is no case here at all. You should have atx and salary records for the relevant periods to prove that the change was made in April.

They are betting you will offer her something rather than pay legal bills.

TrickyWicky

Well as SPMR of your own company trained by your own father you should be used to documenting everything. If you haven't you've left yourself wide open to abuse and they've got you over a barrel.

There are too many companies out there these days trying to screw over employees in their quest for self preservation and profit and while you may of thought you were doing the right thing your staff probably felt hard done by. IF you're driving an expensive car while they're struggling to survive and then you reduce their hours well.. you can see how this would make some people feel after giving you loyal service. They have needs and without you realising it they've probably suffered a lot while you're adding up the profits at the end of the week. If you were then silly enough not to document any of this then I'm afraid you're probably going to get crucified at this tribunal.

To think.. if you and your father had also cut down on your own hours/salary with the 2 others this could of all been a very different.