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sole trader query
Comments
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I think they are looking to take on some of the staff as they will need them to show how the kitchen is run and how the food is made etc.
I have told the staff not to divulge anything but then they have become scared of their jobs so I can envisage divided loyalties emerging.0 -
I believe that in this situation the staff would be protected under TUPE, which is probably something the new committee are not aware of if they are hoping to get rid of some and give their jobs to their relatives...
could be worth just mentioning in passing to them and let them work it out.Cash not ash from January 2nd 2011: £2565.:j
OU student: A103 , A215 , A316 all done. Currently A230 all leading to an English Literature degree.
Any advice given is as an individual, not as a representative of my firm.0 -
TUPE wouldn't come into it, the club do not employ the staff the op does. Losing the contract would mean the staff go with it unless an agreement could be made.
The op would need to either find other work or make the staff redundant, 12 years service per employee could get expensive. the staff still have rights whatever happens to the contract.
This should have been a ltd co when the contract was renewed years ago, to protect the op from this scenario.0 -
I concur - your accounts are none of their business whatsoever. I assume you have taken risks and investments in making this business, and generated goodwill, none of which are easy to show on a balance sheet. Your contract will not renew in 2 yrs if they are behaving like this, so time to start looking at alternatives and maximising your profit to cover your inevitable costs as you let staff go. Remember not to let the place use a single teaspoon of yours if they are not renewing, and be prepared to shut down and ship out overnight on your last day (run everything right down). Let them panic when they suddenly realise they're on their own and it isn't as easy as it looks...then be prepared for the upper hand in the negotiations soon thereafter ;-)0
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bris - TUPE also applies when a new contractor takes over a contract - or it's taken in-house. Being a sole trader rather than a Ltd company makes no difference to this.
Although the new employer can get around TUPE if they make sufficient changes to the job descriptions and roles.
Actually NOT being a limited company has given the OP an advantage here. Limited company accounts are public documents and the committee could get a copy from Companies House. Sole traders financial details are NOT accessible to anyone other than the person and the HMRC.Cash not ash from January 2nd 2011: £2565.:j
OU student: A103 , A215 , A316 all done. Currently A230 all leading to an English Literature degree.
Any advice given is as an individual, not as a representative of my firm.0
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