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Entitled to redunancy
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Mr_Papa
Posts: 2 Newbie

Hi, advice for my daughter please.
She has worked at the local pub since October 2015 and started at 16 as a glass collector on a zero hour contract. She worked various hours each week around college work, typically working Friday and Saturday night, but did do extra shifts in the week. She got a payslip and holiday/sick pay. When she was 18 she started to serve drinks and bring food etc.
The pub is owned by a brewery and all her pay slips have the same Ltd company on it, but has had various land lords over the years. The current land lord made/asked all staff to sign a new contract Jan 2019 which changed a few bits in her contract, nothing major.
The pub also furloughed her until the end of August and have now wrote to her saying her job is redundant.
2 questions ::
1) As she signed a new contract in Jan 2019 the pub are saying she is not entitled to any redundancy due to her length of service. They are counting her length of service since Jan 2019 , not October 2015. I cant see how a new contract can change her length of service?
2) As they didn't think she was entitled to redundancy, they didn't give her notice of it or do any any of the usual things that happen in a redunancy.
Thoughts on this please? The redundancy calculator gives a meagre amount of redundancy, but every little helps.
Thanks
She has worked at the local pub since October 2015 and started at 16 as a glass collector on a zero hour contract. She worked various hours each week around college work, typically working Friday and Saturday night, but did do extra shifts in the week. She got a payslip and holiday/sick pay. When she was 18 she started to serve drinks and bring food etc.
The pub is owned by a brewery and all her pay slips have the same Ltd company on it, but has had various land lords over the years. The current land lord made/asked all staff to sign a new contract Jan 2019 which changed a few bits in her contract, nothing major.
The pub also furloughed her until the end of August and have now wrote to her saying her job is redundant.
2 questions ::
1) As she signed a new contract in Jan 2019 the pub are saying she is not entitled to any redundancy due to her length of service. They are counting her length of service since Jan 2019 , not October 2015. I cant see how a new contract can change her length of service?
2) As they didn't think she was entitled to redundancy, they didn't give her notice of it or do any any of the usual things that happen in a redunancy.
Thoughts on this please? The redundancy calculator gives a meagre amount of redundancy, but every little helps.
Thanks
0
Comments
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It does sound as though she has been continuously employed since 2015 - a new contract would not normally change that, nor would a change of landlord. She should call ACAS to double check, but subject to their advice, In the first instance I would suggest that she responds to state that her employment commence in October 2015 and that as a result she believes that there should have been a proper, fair and open procedure involving herself and other employees to select for redundancy and that if as result of that process she is then selected for redundancy, she will be entitled to an appropriate redundancy payment.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)1
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Thank you!0
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