redundancy or not??

Cymraes82

Hi, i'm sure someone can help me.... !!! my partner works in a small hotel managed by a brewery ( they employ a manager to manage the hotel, and partner is paid directly by the brewery) and has been like this for many years, but we have just found out that the brewery are now putting the hotel out to a tenancy, so the new employer will be the new lease holder.
they have mentioned the words "redundacy" but have also hinted that there will be no pay-off as such because the new lease holder might keep the staff on... so is this redundancy(?)-, as the current employer will not employ them any longer- or is this acceptable if the job just carries on? - then again, is there a legislation that ensures that the new lease holder has to keep the current employees (even if the new owners deem it un-needed eg no need to keep the cleaner/barmaid/chef as they are willing to do that job themselves)??- why keep a dog and bark yourself kind of thinking(!)
also, is there a minimum notice period for this kind of change?
thank you for any advice - i know it might sound overcomplicated :-)

Another_not_new_user

Cymraes82 wrote: »

Hi, i'm sure someone can help me.... !!! my partner works in a small hotel managed by a brewery ( they employ a manager to manage the hotel, and partner is paid directly by the brewery) and has been like this for many years, but we have just found out that the brewery are now putting the hotel out to a tenancy, so the new employer will be the new lease holder.
they have mentioned the words "redundacy" but have also hinted that there will be no pay-off as such because the new lease holder might keep the staff on... so is this redundancy(?)-, as the current employer will not employ them any longer- or is this acceptable if the job just carries on? - then again, is there a legislation that ensures that the new lease holder has to keep the current employees (even if the new owners deem it un-needed eg no need to keep the cleaner/barmaid/chef as they are willing to do that job themselves)??- why keep a dog and bark yourself kind of thinking(!)
also, is there a minimum notice period for this kind of change?
thank you for any advice - i know it might sound overcomplicated :-)

Not complicated at all. You need to start researching TUPE. In this case the regulations apply. The outgoing employers employees transfer to the new employer with full employment rights as if no change had happened. If there is a redundancy situation that happens AFTER the transfer and is subject to whatever laws apply - as if nothing had ever happened. It's impossible to foresee what might happen that hasn't yet - but if he has redundancy rights now then those transfer with him.


You need to get up on TUPE - but until you are told differently, your husbands employment will transfer to the new employer without any interruption in his rights.