Shop closing staff given notice, redundant but..

forgotmyname

This is for my SIL who is distraught. The place she works is inside another building, They just rent this corner to operate their business.

All the staff have been given notice including my SIL. But whilst everyone is going for interviews my SIL has had shifts changed to cover their absence. Now the boss man said that she would be kept on elsewhere but no info on what and where.

Several issues though, they owe her holiday pay which is still outstanding from last year. She has already moved to this site from elsewhere when they closed down last time. No redundancy and as far as i am aware no new contract. But when they mentioned closing they said she would only be entitled to redundancy from the period of this business venture.

As far as i am aware she doesnt have a contract at all.. Never had one. Although she has worked for them for quite a few years in different positions.

I think she gets proper wage slips and the correct tax and NI payments. But everything else smells fishy. I wonder if they change names often to avoid paying the bills etc.

Talk now that a "friend" of the boss is going to be taking over the place she is at now and thats why they want her to stay on. The other workers have been there for less than 2 years.

Where does she turn to?

Thanks

jobbingmusician

CAB. It sounds as if she was TUPE'd from one employer to another last year. I don't suppose she was given a new contract? What did it say about the start date/continuity of service? (Ooops, I see you say she hasn't.)

How aware was she that she was working for a new employer with effect from this year (if I have understood this correctly)?

forgotmyname

Not new this year it was a few years back when they changed. Seems she does have a contract with her current job. Not sure if that carried on from before though?

She is coming over next week with her stuff.

If it was TUPE she should have continuous service right? So the best part of 10 years? Not the 2 or 3 from the new business.

Guessing they made it appear like its a new job, making it sound like better prospects or a higher position. Working at one place that they intend on closing. How would you like a new job as a supervisor at...
She jumps in and gets a new contract and thinks its a step up and doesnt read the contract to see its a ne job with 0 years service?

As far as she was aware she was going to be made redundant between March and June. A couple of people have gone already.

But now it seems like the people taking over the shop may want to keep the staff on.

I can see a couple of situations they wanted to let the staff go...

Spite, they dont want to let the new company have staff that will have the business up and running in no time at all. They all know what to do.

They genuinely thought a company would take take over and not want the exisiting staff.

I did think of something else but it escapes me

jobbingmusician

Yes, her contract should say that her service is continuous from the original date. However, if it doesn't, I'm not sure how she can challenge this after several years. I'm hoping someone else would know......

The people taking over may not have any choice in keeping the people on. I suggest that the staff take advice about this - although a skilled employer may try to avoid TUPE, the legislation is there for a reason.... (I don't suppose there's a union involved?)