My workplace up for sale

Loopyleesa

Hi, hopefully I can word this correctly.

I have been in my job for almost 16 years,it's a small privately owned newsagent and since Tesco express open a stones throw away the shop takings have taken a hammering.

The owner has put the shop up for sale and obviously hopes to sell before it HAS to close.

We are all on contracts, at the moment I'm working 12 hours a week on £8ph.
Now the owner has said to us, IF the shop sells as a newsagent then the staff go with it, and if new owners don't want us it's down to them to pay our redundancy.
If it sells to be changed to something else then our boss pays our redundancy.

So what I'm wondering, if it sells as a newsagent and the new people don't want to pay our redundancy, can they keep us and then say a month down the line change our hours/pay?
If which case if we weren't happy with the change, I guess it's classed as us resigning so no redundancy pay.

Getting pretty worried.

Any help at all please.

agrinnall

You need to read up on TUPE - Transfer of Undertakings (Protection of Employment) Regulations. This is a good starting point http://www.direct.gov.uk/en/Employment/Employees/BusinessTransfersandtakeovers/index.htm

BobQ

Loopyleesa wrote: »

So what I'm wondering, if it sells as a newsagent and the new people don't want to pay our redundancy, can they keep us and then say a month down the line change our hours/pay?
If which case if we weren't happy with the change, I guess it's classed as us resigning so no redundancy pay.

Getting pretty worried.

Any help at all please.

You should read www.acas.org.uk/index.aspx?articleid=1655
and look on www.direct.gov.uk for information about TUPE. Also read www.berr.gov.uk/files/file20761.pdf for more detail.

TUPE is the Transfer of Undertakings, Protection of Employment Regulations. While there are some exceptions, when a business is sold the employees are transferred with the business and have certain legal protections that may prevent the sort of thing you fear.

If TUPE applies, the new employer would still be obliged to honour your redundancy pay based on your 16 years and any other time related conditions of employment (ie employment would be deemed continuous).

TUPE does not stop the sort of change you indicate happening at some time in the future but strengthens your position if the change is directly related to the transfer. In this example, your employer would have to show the change was for a genuine business reason and not connected with the transfer. If not you could claim constructive dismissal at an Employment Tribunal.