Problem with new business

AndyNorwich

Me and my girlfriend were offered a job in a golf course by a company who franchise the kitchen from the golf club. We came to the job on the understanding that our boss v were going to be here for atleast 12 months as this was how long there contract was with the golf club. The job we have here at the golf club includes live in accomodation so we jumped at the opportunity to come here. 3 months after being here our boss has decided to pull out and weve been approached ( me and my girlfriend ) to take it on.

There is a part time lady here who belongs to the previous company and the golf club are telling us if they give us the franchise for the kitchen we would have to take her on but the lady is causing lots of problems at work and seems to be backstabbing and very lazy so we dont want to take her on. The problem is , is that the part time lady wants to be made redundant to get her payout belivied to be around £1500 we dont want to be forced to take her on which is what the golf club are trying to do . Apparently the part time lady was told if the previous company leave within 12 months she would go back to being employed by the golf club but they are saying they can franchise her back out to us. Weve also found out she doesnt have a contract on paper but a verbal one with the previous employer

Can you please advise as we dont want to take the part time women on

getmore4less

Why has this guy pulled out? was he making any money?

What are they charging for the franchise(you might want them to pay you).

how much control do you get over opening hours charges and offerings?

The key thing is TUPE will likely apply so will be difficult not to end up with the liability of this person.

How many other staff?
if she goes how will her work get done?

You need to establish the true liability of this person and establish the contract she is working under.

how old is she
How long has she worked there(needs to be continuous service)

How much is she paid any enhanced rates for certain times/days
What are the contactual hours(are these variable down to zero)
What hours is she working.
Holidays(outstanding as well)
Sick pay.

If you can establish a case for redundancy which may not be easy if there are other workers you want to keep.

The redundancy liability will be 1 weeks pay per years service adjusted if she is over 41. This pay is capped at £430pw.
The notice liability will be 1week full pay per years service or more if contractual.
(I guess you don't want her to work the notice)

Another option will to become proper bosses and put her in her place.

it may be that the contract will allow some manipulations that makes her not want to stay and disiplinary may be another angle if she refuses to perform the duties to an acceptable level.

Now the downside is if she decides to try to go to an ET this will cause you time and money even if you win any case.

building a payoff into the deal may be the solution

I would be concerned about the viability of this, I would also want total control over all catering to take place at the club, so any events if they have function rooms or tournaments with extra catering you get the money.


How long can you drag out the situation where you continue to run the place salaried from the golf club for now or are they going to get someone in quickly.
Also check how you are getting paid if the current guy has doen a runner

marybelle01

As far as I can see if you take on the business you take on her too and if you don't she'll have grounds for unfair dismissal since this is a TUPE.

getmore4less

marybelle01 wrote: »

As far as I can see if you take on the business you take on her too and if you don't she'll have grounds for unfair dismissal since this is a TUPE.

Should be able to create a ETO case for redundancy.

How many people are there working there.
Who is she backstabbing.
If not performing a kick up the BS might sort things out.

One other thing this is a golf club check her connections, not unknown for a lawyer or two to hit the balls you never know what other angles she has.

paddyrg

I suggest you seek real legal advice - complicated situation, easy to get wrong, and disastrous if you do!

DVardysShadow

paddyrg wrote: »

I suggest you seek real legal advice - complicated situation, easy to get wrong, and disastrous if you do!

And don't seek the advice through contacts in the golf club

colino

Alarm bells should be ringing already. Three months (of summer) hardly gives you a true account of how well the business is running and a pest of a member of staff (you have no idea how well she is liked/connected/tolerated yet) just adds to hassle.
You need to trawl through the "proper" accounts, I doubt if audited ones will exist, and make your mind up from there.
Incidentally if everything else does ring true, £1500 could be a bargain for getting rid of a roadblock like this, just treat it as a cost of doing business.